What is the standard of review for a jury to determine whether a defendant has committed an assertedly lesser included offence?
California, United States of America
The following excerpt is from The People v. Maea, E048391, No. FMB008276 (Cal. App. 2010):
We apply a de novo standard of review to the trial court's failure to instruct on an assertedly lesser included offense. (People v. Licas (2007) 41 Cal.4th 362, 366.)
The trial court has a duty to instruct the jury sua sponte on a lesser included offense when there is substantial evidence in the record from which a reasonable jury could find that the lesser, but not the greater, offense was committed. (People v. Moye
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