What is the test for refusing to give a requested defense de novo?

California, United States of America


The following excerpt is from People v. Koenig, 272 Cal.Rptr.3d 732, 58 Cal.App.5th 771 (Cal. App. 2020):

We review a trial court's refusal to give a requested defense instruction de novo. ( People v. Manriquez (2005) 37 Cal.4th 547, 581, 36 Cal.Rptr.3d 340, 123 P.3d 614.)

On appeal, defendant argues mistake of law is a defense to section 25401's knowledge of a material omission, and thus the failure to instruct was error. The People respond that mistake of law is not a defense to a general intent crime. (See People v. Young (2001) 92 Cal.App.4th 229, 235, 237, 111 Cal.Rptr.2d 726 [defendant's

[272 Cal.Rptr.3d 760]

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