What is the test for a de novo a trial court's failure to instruct on a lesser included offense?
California, United States of America
The following excerpt is from People v. Rodriguez, B288312 (Cal. App. 2019):
This court reviews "de novo a trial court's failure to instruct on a lesser included offense [citation], and in doing so . . . view[s] the evidence in the light most favorable to the defendant." (People v. Millbrook (2014) 222 Cal.App.4th 1122, 1137 (Millbrook).)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the test for applying the independent or de novo standard of review to a failure by a trial court to instruct on an uncharged offense that is assertedly lesser than, and included in the charged offense? (California, United States of America)
Is a failure by a trial court to instruct on an uncharged offense that is assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the standard of review for a challenge to a trial court's failure to instruct on a lesser included offense? (California, United States of America)
Does a trial court's failure to instruct a sponte on a lesser included offense need to be reviewed de novo? (California, United States of America)
What is the test for applying the independent or de novo standard of review to a failure by the trial court to instruct on a lesser included offense? (California, United States of America)
What are the consequences of a trial court's failure to instruct on defenses and lesser included offenses? (California, United States of America)
What are the consequences of a trial court's failure to instruct on lesser included offenses de novo? (California, United States of America)
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)
