What is the test for instructing a jury to convict a defendant of a lesser included charge of assault?
California, United States of America
The following excerpt is from People v. Garcia, C081200 (Cal. App. 2018):
A failure to instruct on a lesser included offense supported by substantial evidence invites a verdict based on incomplete instructions and violates the defendant's state constitutional right to have the jury determine every material issue presented by the evidence. (People v. Birks (1998) 19 Cal.4th 108, 118.) Our review is de novo. (People v. Trujeque (2015) 61 Cal.4th 227, 271.)
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