California, United States of America
The following excerpt is from People v. Olmos, H035308 (Cal. App. 2011):
Defendant has presented no authority that the right to present a defense includes the right to argue the defense through jury instructions. (Cf. People v. Mincey (1992) 2 Cal.4th 408, 437-438.) The instructions given did not preclude defendant from arguing to the jury that there was insufficient evidence of a specific intent to disfigure and that more had to be shown than the result being a maiming injury. Defendant, in fact, made that argument. Defendant's right to present that defense was in no way compromised by the instructions given.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.