What is the test for a jury in a motor vehicle case where a defendant is accused of tampering with a vehicle?
California, United States of America
The following excerpt is from People v. Dalporto, A114409 (Cal. App. 8/29/2007), A114409 (Cal. App. 2007):
"California law requires a trial court, sua sponte, to instruct fully on all lesser necessarily included offenses supported by the evidence." (People v. Breverman (1998) 19 Cal.4th 142, 148-149.) Defendant contends the trial court committed reversible error by failing to instruct the jury sua sponte that Vehicle Code section 10852 (misdemeanor tampering with a vehicle or its contents)
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