California, United States of America
The following excerpt is from People v. Spornhauer, E061126 (Cal. App. 2015):
If substantial evidence supports an affirmative defense, a criminal defendant has a right to have the jury instructed regarding that defense. (People v. Salas (2006) 37 Cal.4th 967, 982.) "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.' " (Ibid.)
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