What is the test for giving a jury instruction on an affirmative defense?

The parties agree that "a defendant has a right to have the trial court, on its own initiative, give a jury instruction on any affirmative defense for which the record contains substantial evidence [citation] evidence sufficient for a reasonable jury to find in favor of defendant [citation] unless the defense is inconsistent with the defendant's theory of the case [citation]. In determining whether the evidence is sufficient to warrant a jury instruction, the trial court does not determine the credibility of the defense evidence, but only whether 'there was evidence which, if believed by the jury, was sufficient to raise a reasonable doubt . . . .'" (People v. Salas (2006) 37 Cal.4th 967, 982.) But if the evidence of the

Page 16