Does a trial court have a sua sponte duty to instruct on theft as a lesser included crime of robbery?
California, United States of America
The following excerpt is from People v. Morgan, B287197 (Cal. App. 2019):
8. In People v. Kelly (1992) 1 Cal.4th 495, 529-530, the court concluded that based on the facts presented in that case, the trial court had a sua sponte duty to instruct on theft as a lesser included offense of robbery.
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