Is a defendant entitled to a jury instruction that outlines his defense theory?

California, United States of America


The following excerpt is from People v. Mears, A136101 (Cal. App. 2014):

Mears argues that he was entitled to these instructions under one if not two principles of law. First, the trial court has a sua sponte duty to instruct on issues " ' "closely and openly connected with the facts before the court, and which are necessary for the jury's understanding of the case." ' " (People v. Breverman (1998) 19 Cal.4th 142, 154 (Breverman).) Second, a criminal defendant is entitled to an instruction pinpointing his defense theory. (See, e.g., People v. Burney (2009) 47 Cal.4th 203, 246 (Burney).)

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