Is it instructional error to instruct a jury in a trial trial on a defense that is not relevant to the facts of the case?
California, United States of America
The following excerpt is from People v. Gomez, B271556 (Cal. App. 2018):
Claims of instructional error are reviewed de novo. (People v. Fiore (2014) 227 Cal.App.4th 1362, 1378.) The trial court has a duty to instruct the jury on general legal principles relevant to defenses raised by a criminal defendant. (People v. Breverman (1998) 19 Cal.4th 142, 157 (Breverman).) Conversely, it is error to give an instruction which is inapplicable to the facts of the case. (People v. Guiton (1993) 4 Cal.4th 1116, 1129.)
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