Does a trial court have a sua sponte duty to instruct on all of the elements of a charged offense?
California, United States of America
The following excerpt is from People v. Reyes, F062305 (Cal. App. 2013):
A trial court has a sua sponte duty to instruct on all of the elements of a charged offense. (People v. Cummings (1993) 4 Cal.4th 1233, 1311.) A failure to instruct on all of the elements of an offense is not reversible per se, but is subject to harmless error
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