What is the test for a failure to instruct on a lesser included offense?
California, United States of America
The following excerpt is from People v. Zaczkiewicz, D072423 (Cal. App. 2018):
This court reviews de novo a trial court's failure to instruct on a lesser included offense, and in doing so views the evidence in the light most favorable to the defendant. (People v. Millbrook (2014) 222 Cal.App.4th 1122, 1137.)
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