What is the test for giving a jury instructions on whether to convict a defendant of a lesser included crime of assault under Cal.CRCIM No. 224?

The court must give CALCRIM No. 224 "on its own motion when the proof of guilt rests substantially on circumstantial evidence. [Citations.] But the instruction need not be given when the circumstantial evidence merely corroborates other evidence [citations], because in such cases the instruction may confuse the jury regarding the weight to which other evidence is entitled. [Citation.]" (People v. Yeoman (2003) 31 Cal.4th 93, 142; People v. Heishman (1988) 45 Cal.3d 147, 167.)

"The general instruction on sufficiency of circumstantial evidence is a more inclusive instruction on sufficiency of circumstantial evidence than the instruction on sufficiency of circumstantial evidence to prove specific intent or mental state, and the former is the proper instruction to give unless the only element of the offense that rests substantially or entirely on circumstantial evidence is that of specific intent or mental state. [Citations.]" (People v. Cole (2004) 33 Cal.4th 1158, 1222.)

Regarding juror instruction, "Invited error . . . will only be found if counsel expresses a deliberate tactical purpose in resisting or acceding to the complained-of instruction. [Citations.]" (People v. Valdez (2004) 32 Cal.4th 73, 115 [trial court declines to issue instructions on lesser included offenses upon defense counsel's

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