What is the test for applying the independent or de novo standard of review to a failure by the trial court to instruct on an assertedly included offense?
California, United States of America
The following excerpt is from People v. Campbell, 182 Cal.Rptr.3d 491, 233 Cal.App.4th 148 (Cal. App. 2015):
We apply the independent or de novo standard of review to the failure by the trial court to instruct on an assertedly lesser included offense. [Citation.] (People v. Licas (2007) 41 Cal.4th 362, 366, 60 Cal.Rptr.3d 31, 159 P.3d 507.)
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