What is the sua sponte duty of a trial court to instruct a defendant on a defense of kidnapping during the commission of a murder?

The trial court is required to instruct sua sponte only on general principles of law relevant to issues raised by the [755 P.2d 1044] evidence (People v. Wickersham (1982) 32 Cal.3d 307, 323, 185 Cal.Rptr. 436, 650 P.2d 311) and on particular defenses when a defendant appears to be relying on such defense and there is substantial evidence to support it (People v. Sedeno (1974) 10 Cal.3d 703, 716, 112 Cal.Rptr. 1, 518 P.2d 913). There is nothing in this record to indicate that a kidnapping occurred during the commission of a murder, rather than vice versa, and even now the defendant does not contend otherwise. The court was under no sua sponte duty to instruct concerning such a theory. (See People v. Kimble (1988) 44 Cal.3d 480, 244 Cal.Rptr. 148, 749 P.2d 803.)

[45 Cal.3d 1027]