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
The following excerpt is from People v. Jordan, B231818 (Cal. App. 2012):
"An appellate court applies the independent or de novo standard of review to the failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included, in a charged offense." (People v. Waidla (2000) 22 Cal.4th 690, 733.)
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