California, United States of America
The following excerpt is from People v. Powelson, G051485 (Cal. App. 2016):
In sum, an uncharged trespass offense was not necessarily included in the charged burglary offense under either the elements test or the accusatory pleading test. Additionally, defendant never requested a trespass instruction as a lesser related offense, the prosecutor never consented to such a request, and the trial court had no sua sponte duty to instruct on it. (People v. Foster (2010) 50 Cal.4th 1301, 1343-1344 [defendant has no federal constitutional right to compel giving of instruction on lesser related offense]; see People v. Birks, supra, 19 Cal.4th at pp. 117-118 [defendant charged with burglary was not entitled to instructions on lesser related offense of trespass; court may
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