California, United States of America
The following excerpt is from People v. Ramos, 180 Cal.Rptr. 266, 30 Cal.3d 553, 639 P.2d 908 (Cal. 1982):
Appellant claims that the trial court erred in failing to instruct the jury sua sponte on the crime of assault with a deadly weapon. Whether or not assault with a deadly weapon is a lesser included offense when a defendant is charged both with robbery and a "use" allegation, a trial court, as we explained in People v. Flannel (1979) 25 Cal.3d 668, 683-686, 160 Cal.Rptr. 84, 603 P.2d 1, is required to give such an instruction only if there is substantial evidence to support a jury's determination that the defendant was in fact only guilty of the lesser offense.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.