California, United States of America
The following excerpt is from People v. Togiola, B281918 (Cal. App. 2018):
7. Because there was no substantial evidence to warrant the instruction, we necessarily reject McNeely's alternative contention his counsel's failure to request a self-defense instruction amounted to ineffective assistance of counsel. (See People v. Gray (2005) 37 Cal.4th 168, 219-220 [because "there was no substantial evidence worthy of the jury's consideration that the crime was something less than robbery[,] . . . [t]he trial court did not err in failing to instruct the jury on the lesser included offense of theft, nor was counsel ineffective for failing to request a theft instruction"].)
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