What is the test for instructing a sua sponte on any defense including self-defense?
California, United States of America
The following excerpt is from People v. Cedillo, E061699 (Cal. App. 2015):
"A trial court is required to instruct sua sponte on any defense, including self-defense, only when there is substantial evidence supporting the defense, and the defendant is either relying on the defense or the defense is not inconsistent with the defendant's theory of the case. [Citation.]" (People v. Villanueva (2008) 169 Cal.App.4th 41, 49.)
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