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
The following excerpt is from People v. Trulove, A130481 (Cal. App. 2013):
We apply the de novo standard of review when evaluating an appeal that contends the trial court should have instructed sua sponte on a lesser included offense or defense. (People v. Waidla (2000) 22 Cal.4th 690, 733; see People v. Elize (1999) 71 Cal.App.4th 605, 610-616 [discussion indicating a de novo standard of review].)
2. Lack of Sua Sponte Instruction on the Defense of Another
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