Is a failure by a trial court to instruct on an uncharged offense that is assertedly lesser than, and included in the charged offense?
California, United States of America
The following excerpt is from People v. Borja-Guerrero, E071844 (Cal. App. 2020):
We independently review "the failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included, in a charged offense." (People v. Waidla (2000) 22 Cal.4th 690, 733.)
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