What is the test for a court's failure to instruct on a lesser included offence?
California, United States of America
The following excerpt is from People v. Warner, A152049 (Cal. App. 2021):
We review independently the trial court's failure to instruct on a lesser included offense. (People v. Waidla (2000) 22 Cal.4th 690, 733 [whether to instruct on a lesser included offense is a mixed question of law and fact that is "predominantly legal" and therefore "examined without deference"].)
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