Does a failure to instruct on a lesser included offence constitute a constitutional error?
California, United States of America
The following excerpt is from People v. Cox, A142894 (Cal. App. 2016):
5. We therefore need not, and do not, address defendant's assertion his due process and fair trial rights were implicated by the trial court's failure to instruct on the lesser included offense. In any case, People v. Breverman, supra, 19 Cal.4th at pp. 177-178, holds failure to instruct on a lesser included offense in a noncapital case does not amount to constitutional error.
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