Is a defendant entitled to instructions on a lesser related crime?
California, United States of America
The following excerpt is from People v. Barragan, B250550 (Cal. App. 2014):
The rules applicable to instructions on lesser related offenses differ significantly from the rules on lesser included offenses. Pursuant to People v. Birks (1998) 19 Cal.4th 108 (Birks), a defendant has no right to instructions on uncharged lesser related offenses over the prosecution's objection, even if the evidence discloses that the defendant is at most guilty of the lesser crime.
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