California, United States of America
The following excerpt is from People v. Blanco, 275 Cal.Rptr.3d 558, 61 Cal.App.5th 278 (Cal. App. 2021):
"The trial court has a sua sponte duty to instruct the jury on the essential elements of the charged offense." ( People v. Merritt (2017) 2 Cal.5th 819, 824, 216 Cal.Rptr.3d 265, 392 P.3d 421.) "All criminal defendants have the right to a jury determination that the defendant is guilty of every element of the crime with which he is charged, beyond a reasonable doubt. " ( Ibid. )
[61 Cal.App.5th 284]
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