What is the test for relying on a particular defense?
California, United States of America
The following excerpt is from People v. Lopez, D072636 (Cal. App. 2018):
sponte, on particular defenses arises " 'only if it appears that the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case.' " ' " (People v. Martinez (2010) 47 Cal.4th 911, 953.)
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