What are the consequences of a trial court's failure to instruct on lesser included offenses de novo?

California, United States of America


The following excerpt is from People v. Lopezquinonez, B276775 (Cal. App. 2017):

We review the trial court's failure to instruct on lesser included offenses de novo. (People v. Woods (2015) 241 Cal.App.4th 461, 475.) Under this standard, the reviewing court considers the evidence in the light most favorable to the defendant, and the question is not whether the evidence supports a conviction of a greater charged crime, but whether, given the evidence, independently assessed, the jury reasonably could have found the defendant guilty of the lesser crime. (Ibid.)

Other Questions


What is the test for applying the independent or de novo standard of review to 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)
What are the consequences of the trial court's failure to give instructions on the lesser included offenses of voluntary and involuntary manslaughter? (California, United States of America)
What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense? (California, United States of America)
What are the consequences of a trial court's failure to instruct on defenses and lesser included offenses? (California, United States of America)
What is the test for a de novo a trial court's failure to instruct on a lesser included offense? (California, United States of America)
What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the test for applying the independent or de novo standard of review to a failure by the trial court to instruct on a lesser included offense? (California, United States of America)
Does a trial court's failure to instruct a sponte on a lesser included offense need to be reviewed de novo? (California, United States of America)
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)
What is the de novo standard of review applied to an appeal that contends the trial court should have instructed sua sponte on a lesser included offense or defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.