California, United States of America
The following excerpt is from People v. Gill, E071489 (Cal. App. 2019):
"'"[A] trial court must give '"'instructions on lesser included offenses when the evidence raises a question as to whether all of the elements of the charged offense were present [citation], but not when there is no evidence that the offense was less than that charged.'"' [Citation.] . . . "Substantial evidence" in this context is "'evidence from which a jury composed of reasonable [persons] could . . . conclude[]'" that the lesser offense, but not the greater, was committed.' [Citation.]" [Citation.]' [Citation.]" (People v. Bell (2019) 7 Cal.5th 70, 108-109.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.