What is the test for a defendant's claim that the trial court denied him the right to present his unconsciousness defense?

California, United States of America


The following excerpt is from People v. Katz, A153625 (Cal. App. 2020):

2. There is no merit to defendant's claims, to the extent that he makes them, that the trial court denied him the right to present his unconsciousness defense or that the trial court failed to instruct the jury on that defense. Defendant presented extensive evidence to support his unconsciousness defense, and the trial court expressly instructed the jury with CALCRIM No. 3425 on this defense. (See People v. Dowdell (2014) 227 Cal.App.4th 1388, 1420 [rejecting defendant's claim that erroneous instruction violated her right to present a defense where defendant introduced substantial evidence supporting defense].)

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