Is a defendant entitled to an instruction on any affirmative defense supported by substantial evidence?

California, United States of America


The following excerpt is from People v. Thomas, A142916 (Cal. App. 2016):

A defendant is entitled to an instruction on any affirmative defense supported by substantial evidence in the trial record. (People v. Salas (2006) 37 Cal.4th 967, 982 (Salas).) "In deciding whether defendant was entitled to the instructions urged, we take the proffered evidence as true, 'regardless of whether it was of a character to inspire belief. [Citations.]' [Citation.] ' "Doubts as to the sufficiency of the evidence to warrant instructions should be resolved in favor of the accused." [Citations.]' [Citation.] Even

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so, the test is not whether any evidence is presented, no matter how weak. Instead, the jury must be instructed when there is evidence that 'deserve[s] consideration by the jury, i.e., "evidence from which a jury composed of reasonable [people] could have concluded" ' that the specific facts supporting the instruction existed." (People v. Petznick (2003) 114 Cal.App.4th 663, 677.)

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