What is the test for giving a jury instruction on any affirmative defense for which the record contains substantial evidence?

California, United States of America


The following excerpt is from People v. Morales, A148590 (Cal. App. 2018):

" 'It is well settled that a defendant has a right to have the trial court . . . 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 the 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 . . . ." [Citations.]' [Citations.]" (People v. Mentch (2008) 45 Cal.4th 274, 288; see also People v. Salas (2006) 37 Cal.4th 967, 982-983 (Salas).)

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