What is the effect of a failure to instruct a jury to convict a defendant of making a criminal threat?
California, United States of America
The following excerpt is from People v. Campbell, E059507 (Cal. App. 2014):
The appellate court independently reviews a trial court's failure to instruct on a lesser included offense. (People v. Breverman, supra, 19 Cal.4th at p. 162.) We hold there was no substantial evidence for the jury to conclude that defendant was guilty of the lesser offense of attempted criminal threat but not guilty of the charged offense of making a criminal threat. (Id. at p. 177.)
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