Does a defendant's right to have the jury instructed on a possible defense in the case of entrapment matter extend?

California, United States of America


The following excerpt is from People v. Rosencrans, G055870 (Cal. App. 2019):

Defendant does not cite any case in which a court has held that a defendant's right to have the jury instructed on a possible defense theory of the case entitles a defendant to a jury instruction on an offense that is not a lesser included offense to the charged offense. None of the federal cases defendant cites in his brief so hold. His reliance on Bradley v. Duncan (9th Cir. 2002) 315 F.3d 1091, is especially off the mark, as it involved a trial court's failure to instruct the jury on the affirmative defense of entrapment.

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