Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence?

California, United States of America


The following excerpt is from People v. Nash, C076359 (Cal. App. 2015):

Contrary to the trial court's ruling, there was substantial evidence to give the instruction. (See People v. Ponce (1996) 44 Cal.App.4th 1380, 1386 ["a trial judge must only give those instructions which are supported by substantial evidence"].)

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