Does a trial court's failure to instruct a sponte on a lesser included offense need to be reviewed de novo?
California, United States of America
The following excerpt is from People v. Morales, F076273 (Cal. App. 2019):
A trial court's failure to instruct sua sponte on a lesser included offense is reviewed de novo. (People v. Trujeque (2015) 61 Cal.4th 227, 271; People v. Licas (2007) 41 Cal.4th 362, 366.)
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