Is a failure to instruct sua sponte on a lesser included offense that is supported by the evidence that supports the evidence?

The failure to instruct sua sponte on a lesser included offense that is supported by the evidence is a state law error, requiring reversal of a conviction only when it is reasonably probable that the error affected the outcome of the proceeding. (People v. Breverman (1998) 19 Cal.4th 142, 165.) The failure to instruct regarding general principles of law pertaining to the use of force to perform an official duty deprived Cordova of a potential defense to the crimes at issue on appeal. It is not clear whether this state law error also implicates the federal constitution requiring reversal unless the error is harmless beyond a reasonable doubt. (See People v. Salas (2006) 37 Cal.4th 967, 984.)