What is the effect of a failure to instruct on lesser included offenses in primary school?

California, United States of America


The following excerpt is from People v. Baker, 74 Cal.App.4th 243, 87 Cal.Rptr.2d 803 (Cal. App. 1999):

The failure to instruct on lesser included offenses was prejudicial under the standard stated in People v. Breverman, supra, 19 Cal.4th at p. 165, 77 Cal.Rptr.2d 870, 960 P.2d 1094. It is reasonably probable that the jury would have reached a different verdict if it had known of the option to convict appellants of lesser included offenses. We conclude that in light of the seriousness of the instructional errors which occurred, the convictions of all three appellants must be reversed.

III. Remaining Contentions

Since we reverse, we need not reach the remaining issues raised by the parties.

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