California, United States of America
The following excerpt is from People v. Carothers, G054498 (Cal. App. 2018):
charged offense were present and there is evidence that would justify a conviction of such a lesser offense.' [Citation.]" (People v. Bradford (1997) 14 Cal.4th 1005, 1055.) "To warrant such an instruction, there must be substantial evidence of the lesser included offense, that is, 'evidence from which a rational trier of fact could find beyond a reasonable doubt' that the defendant committed the lesser offense. [Citation.]" (People v. Mendoza (2000) 24 Cal.4th 130, 174, superseded by statute on other grounds as stated by People v. Brooks (2017) 3 Cal.5th 1, 62-63.)
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