Is a criminal jury required to convict a defendant of a lesser crime that was not previously considered a criminal offence?
California, United States of America
The following excerpt is from People v. Ramirez, 2d Crim. No. B288858 (Cal. App. 2019):
" '[A] trial court must instruct a criminal jury on any lesser offense 'necessarily included' in the charged offense, if there is substantial evidence that only the lesser crime was committed.' " (People v. Brown (2016) 245 Cal.App.4th 140, 152.)
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