California, United States of America
The following excerpt is from People v. Ruiz, E064387 (Cal. App. 2017):
instruction, the trial court does not determine the credibility of the defense evidence, but only whether 'there was evidence which, if believed by the jury, was sufficient to raise a reasonable doubt . . . .'" (People v. Salas (2006) 37 Cal.4th 967, 982.) But if the evidence of the purported defense is minimal or insubstantial there is no duty to instruct. (People v. Barnett (1998) 17 Cal.4th 1044, 1145.)
By agreeing the self-defense instruction only applied to count 4assault with a deadly weapon upon Jondefendant forfeited any claim that the trial court erred by not instructing the jury on self-defense as to counts 1, 2 and 3. (People v. Bolin (1998) 18 Cal.4th 297, 326 [forfeiture found where defense counsel did not object to an instruction and agreed that it be given].) When the trial court ultimately instructed the jury that self-defense applied only in count 4, defense counsel did not object.
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