California, United States of America
The following excerpt is from People v. Triplett, B262985 (Cal. App. 2016):
The Attorney General argues that any purported error in failing to instruct on the issue of joint possession was forfeited or invited. "'[W]hen a defendant presents evidence to attempt to negate or rebut the prosecution's proof of an element of the offense, a defendant is not presenting a special defense invoking sua sponte instructional duties. While a court may well have a duty to give a "pinpoint" instruction relating such evidence to the elements of the offense and to the jury's duty to acquit if the evidence produces a reasonable doubt, such "pinpoint" instructions are not required to be given sua sponte and must be given only upon request. [Citations.]'" (People v. Saille (1991) 54 Cal.3d 1103, 1117.) Unless there is a sua sponte duty to instruct, a defendant waives any error in failing to instruct where defendant does not request the instruction. (People v. Hawkins (1995) 10 Cal.4th 920, 952.)
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