Does a failure to instruct on a lesser included offence under the Elements Test warrant reversal?
California, United States of America
The following excerpt is from People v. Knight, C083163 (Cal. App. 2019):
Any error in failing to instruct on a lesser included offense does not warrant reversal unless an examination of the entire cause, including the evidence, discloses that it appears "reasonably probable" the defendant would have achieved a more favorable result had the error not occurred. (People v. Woods (2015) 241 Cal.App.4th 461, 474.)
A. Battery Is Not a Lesser Included Offense Under the Elements Test
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