California, United States of America
The following excerpt is from People v. Guyton, 20 Cal.App.5th 499, 229 Cal.Rptr.3d 117 (Cal. App. 2018):
The trial court is obligated to instruct on lesser included crimes "if there is evidence that, if accepted by the trier of fact, would absolve the defendant of guilt of the greater offense but not the lesser." ( People v. Blair (2005) 36 Cal.4th 686, 745, 31 Cal.Rptr.3d 485, 115 P.3d 1145, overruled on another ground in People v. Black (2014) 58 Cal.4th 912, 919-920, 169 Cal.Rptr.3d 363, 320 P.3d 800.) "To justify a lesser included offense instruction, the evidence supporting the instruction must be substantialthat is, it must be evidence from which a jury composed of reasonable persons could conclude that the facts underlying the particular instruction exist." ( People v. Blair , supra , 36 Cal.4th at p. 745, 31 Cal.Rptr.3d 485, 115 P.3d 1145.)
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