What is the test for applying the independent or de novo standard of review to a failure by the trial court to instruct on a lesser included offense?
California, United States of America
The following excerpt is from People v. Perez, E074013 (Cal. App. 2020):
" '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.' " (People v. Campbell (2015) 233 Cal.App.4th 148, 158-159.)
B. Application
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