What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense?

We apply the independent or de novo standard of review to the failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included, in a charged offense. (People v. Waidla (2000) 22 Cal.4th 690, 733.) Similarly, we review the legal adequacy of a jury instruction de novo. (People v. Cole (2004) 33 Cal.4th 1158, 1210.)

The constitutionality of a statute is a question of law also reviewed de novo. (People v. Health Laboratories of North America, Inc. (2001) 87 Cal.App.4th 442, 445.)