Does the doctrine of invited error apply if defense counsel requests that lesser included instructions not be given?
California, United States of America
The following excerpt is from People v. Humphrey, C052744, Super. Ct. No. 02F02888 (Cal. App. 2011):
The doctrine of invited error applies if the trial court accedes to defense counsel's tactical decision to request that lesser included offense instructions not be given. Such a tactical request precludes a claim of instructional error on appeal. (People v. Prince (2007) 40 Cal.4th 1179, 1265.) The People contend defense counsel expressly waived any lesser included instructions, barring defendant from raising the issue on appeal.
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