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.)
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