What is a trial court's duty to instruct sua sponte on certain self-defense defenses?

California, United States of America

The following excerpt is from The People v. Reyes, E047521, No. RIF1234419 (Cal. App. 2010):

A trial court's duty to instruct sua sponte on particular defenses arises "'only if it appears that the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case.' [Citation.]" (People v. Breverman (1998) 19 Cal.4th 142, 157.) Here, there was not substantial evidence supporting a finding of perfect self-defense, as defined in CALCRIM No. 505. The trial court thus was not required to give CALCRIM No. 505.

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