Does the Court have jurisdiction to instruct the jury on self-defense or imperfect self-defence instructions?

California, United States of America


The following excerpt is from People v. Ornelas, C065884 (Cal. App. 2012):

"THE COURT: All right. Then I would find neither of these instructions [self-defense or imperfect self-defense] should be given. I find that the defense has made an appropriate tactical decision that neither instruction should be given in this case. [] All right. The final issue concerning jury instructions involves potential lesser included offenses. Theoretically, attempted voluntary manslaughter is a lesser included offense to attempted murder, but since we wouldn't be instructing the jury on any theory that would reduce culpability for the attempted murder charge to attempted voluntary manslaughter, I do not believe that an attempted voluntary manslaughter instruction should be given. [] Furthermore, in a case such as this where the defendant denies any criminal culpability in the crimes, there is no sua sponte duty for the jury [ sic] to instruct on attempted voluntary manslaughter. I reference People v. Gutierrez [(2003)] 112 Cal.App.4th 704[, 709], so I will not give lesser included instructions with Count 1. [] . . . [] [Defense Counsel], do you request any lesser included offenses in this case?

"[DEFENSE COUNSEL]: No, Your Honor. . . . "

Page 11

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