Does a trial court have an obligation to instruct a sua sponte on a good faith belief in consent defense to kidnapping?
California, United States of America
The following excerpt is from People v. Sturk, H043453 (Cal. App. 2018):
"[A] trial court has no obligation to instruct sua sponte on a defense supported by 'minimal and insubstantial' evidence [citation]." (People v. Barnett (1998) 17 Cal.4th 1044, 1152.) For this reason, based on the record, we conclude that in this case the evidence did not require instruction on a good faith belief in consent defense to kidnapping. Accordingly, the trial court did not err in failing to instruct on that defense.
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