Is a defendant entitled to an instruction pinpointing the defense?

California, United States of America


The following excerpt is from People v. Miller, C089590 (Cal. App. 2021):

" 'Upon proper request, a defendant has a right to an instruction pinpointing the theory of defense . . . if the theory proffered by the defendant is supported by substantial evidence' [citation], the instruction is a correct statement of law [citation], and the proposed instruction does not simply highlight specific evidence the defendant wishes the jury to consider [citation]." (People v. Jo (2017) 15 Cal.App.5th 1128, 1174.)

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