California, United States of America
The following excerpt is from People v. Lopez, 13 Cal.App.4th 1840, 17 Cal.Rptr.2d 317 (Cal. App. 1993):
In these circumstances "the trial court did not err in [failing sua sponte to give] an instruction on [misdemeanor arson]. The evidence did not support the factual scenarios now advanced by defendant.... There is only bare speculation, not substantial evidence, to support the theory presently advanced by defendant--that the [arson resulted from a reckless rather than a deliberate act]. Speculation is an insufficient basis upon which to require the giving of an instruction on a lesser offense. [Citations.]" (People v. Wilson (1992) 3 Cal.4th
Page 323
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