Does a substantial amount of evidence need to be substantial to determine whether the trial court erred in failing to instruct on a lesser included offense?
California, United States of America
The following excerpt is from People v. McDonald, B276494 (Cal. App. 2018):
substantial that is, it must be evidence from which a jury . . . could conclude that the facts underlying the particular instruction exist'"].) "[W]e review independently whether the trial court erred in failing to instruct on a lesser included offense. [Citation.]" (People v. Booker (2011) 51 Cal.4th 141, 181.)
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