California, United States of America
The following excerpt is from People v. Sanchez, C068036 (Cal. App. 2018):
requires an actual belief in a threat of imminent harm. There is no evidence defendant actually feared imminent harm, since his theory of the case was that he was not even there. (See People v. Battle (2011) 198 Cal.App.4th 50, 74 [trial court did not err in omitting lesser-included-offense instruction on voluntary manslaughter based on imperfect self-defense, because the evidence was that the defendant did not actually fear imminent harm].) Indeed, given the evidence, it is clear that J.L. was unable to draw his concealed weapon; thus, the shooter would have no reason to fear imminent harm.
We conclude the trial court had no sua sponte duty to instruct on lesser-included offenses.
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