California, United States of America
The following excerpt is from People v. Ortega, 19 Cal.4th 686, 80 Cal.Rptr.2d 489, 968 P.2d 48 (Cal. 1998):
(2) The trial court has a sua sponte duty to give instructions and verdict forms on crime B, again if warranted by the evidence. (People v. Birks (1998) 19 Cal.4th 108, 118, 77 Cal.Rptr.2d 848, 960 P.2d 1073.)
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