California, United States of America
The following excerpt is from People v. Kelly, B302843 (Cal. App. 2021):
A trial court must instruct "on any affirmative defense for which the record contains substantial evidence [citation]evidence sufficient for a reasonable jury to find in favor of the defendant [citation]unless the defense is inconsistent with the defendant's theory of the case [citation]. In determining whether the evidence is sufficient to warrant a jury instruction, the trial court does not determine the credibility of the defense evidence, but only whether 'there was evidence which, if believed by the jury, was sufficient to raise a reasonable doubt.' " (People v. Salas (2006) 37 Cal.4th 967, 982.) Our
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review is de novo. (People v. Russell (2006) 144 Cal.App.4th 1415, 1424.)
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