Does a judge have a sua sponte duty to give a bracketed portion of instruction in a criminal case?
California, United States of America
The following excerpt is from People v. Perez, F068416 (Cal. App. 2016):
required to be given sua sponte. (People v. Hughes (2002) 27 Cal.4th 287, 361.) The court here did not have a sua sponte duty to give the bracketed portion of the instruction, especially without a request from defense counsel.
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