What is the de novo standard of review applied to determine whether the trial court erred in failing to instruct on a lesser included offense?
California, United States of America
The following excerpt is from People v. Canida, E065999 (Cal. App. 2017):
This court applies the de novo standard of review to the determination of whether the trial court erred in failing to instruct on a lesser included offense. (People v. Waidla, supra, 22 Cal.4th at p. 733.)
B. Discussion
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