Does a defendant have a right to instruct on a lesser related crime?
California, United States of America
The following excerpt is from People v. Ruiz, E065348 (Cal. App. 2018):
"Our Supreme Court has stated, 'A defendant has no right to instructions on lesser related offenses, even if he or she requests the instruction and it would have been supported by substantial evidence, because California law does not permit a court to instruct concerning an uncharged lesser related crime unless agreed to by both parties. [Citations omitted.]' (People v. Hall, supra, 200 Cal.App.4th at p. 781.)
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