What is the standard of review in determining whether there is substantial evidence of a lesser offence?
California, United States of America
The following excerpt is from People v. Campos, B262258 (Cal. App. 2017):
"In deciding whether there is substantial evidence of a lesser offense, courts should not evaluate the credibility of witnesses, a task for the jury." (People v. Breverman, supra, 19 Cal.4th at p. 162.) "On appeal, we apply a de novo standard of review." (People v. Manriquez, supra, 37 Cal.4th at p. 581.)
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