What is the standard of review applied to a failure by the trial court to instruct on a lesser included offense?
California, United States of America
The following excerpt is from People v. Alvarez, D069938 (Cal. App. 2016):
"We apply the independent or de novo standard of review to the failure by the trial court to instruct on an assertedly lesser included offense." (People v. Cole (2004) 33 Cal.4th 1158, 1218 (Cole).)
1. General principles of law governing a trial court's sua sponte duty to instruct on lesser included offenses
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