What is the test for instructing a jury on lesser charges in a sexual assault case?

California, United States of America

The following excerpt is from People v. Arteaga, E050363, (Super.Ct.No. RIF139794) (Cal. App. 2011):

"The trial court must instruct on lesser offenses necessarily included in the charged offense if there is substantial evidence the defendant is guilty only of the lesser. [Citation.] On the other hand, if there is no proof, other than an unexplainable rejection of the prosecution's evidence, that the offense was less than that charged, such instructions shall not be given. [Citation.]" (People v. Kraft (2000) 23 Cal.4th 978,

1063.)

Page 11

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What is the test for instructing a jury on lesser charges in a sexual assault case?

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