What is the test for instructing a jury on a lesser-included offence?
California, United States of America
The following excerpt is from People v. Herrera-Ramos, B277401 (Cal. App. 2018):
"California law requires a trial court, sua sponte, to instruct fully on all lesser necessarily included offenses supported by the evidence." (People v. Breverman (1998) 19 Cal.4th 142, 148-149, 154-155, 162 (Breverman).) Instruction on a lesser-included offense is required when a reasonable jury could find that the defendant committed the lesser offense instead of the greater offense. (Id. at pp. 162, 177.)
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