Does the Attorney General have any authority to challenge a defendant's failure to instruct on imperfect self-defense?

California, United States of America


The following excerpt is from The PEOPLE V. STAMPS, No. D054557, No. SCD212070 (Cal. App. 2010):

As the Attorney General points out, any claim the trial court was required to instruct on imperfect self-defense is barred by the doctrine of invited error." '[A] defendant may not invoke a trial court's failure to instruct on a lesser included offense as a basis on which to reverse a conviction when, for tactical reasons, the defendant persuades a trial court not to instruct on a lesser included offense supported by the evidence. [Citations.] In that situation, the doctrine of invited error bars the defendant from challenging on appeal the trial court's failure to give the instruction.' " (People v. Horning (2004) 34 Cal.4th 871, 905.)

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