California, United States of America
The following excerpt is from People v. Ordonez, B238528 (Cal. App. 2013):
Since we find no evidence of imminent danger, we find the trial court did not err in refusing to instruct on voluntary manslaughter based on imperfect self-defense. As such, we find defendant's further contention, that the trial court violated defendant's state and federal constitutional due process and jury trial rights to be unavailing. (See Breverman, supra, 19 Cal.4th at pp. 162, 165 ["We conclude that the failure to instruct sua sponte on a lesser included offense in a noncapital case is, at most, an error of California law alone, and is thus subject only to state standards of reversibility. We further determine, in line with recent authority, that such misdirection of the jury is not subject to reversal unless an examination of the entire record establishes a reasonable probability that the error affected the outcome."]; see also Keeble v. United States (1973) 412 U.S. 205, 208 ["[I]t is now beyond dispute that the defendant is entitled to an
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