 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Barton12/18/1995
fficer's own gun. At trial, the defendant argued that he was not guilty of murder because mental illness rendered him incapable of acting with malice. He also contended, based on his own testimony that the victim was shot when the gun accidentally discharged during a struggle between the officer and himself, that he lacked the intent to kill. The jury convicted the defendant of first degree murder. On appeal, the defendant argued that the trial court had erred in not instructing the jury on the lesser included offenses of voluntary and involuntary manslaughter and on the defenses of unconsciousness and self-defense. We found no error in the trial court's failure to instruct on voluntary manslaughter, unconsciousness and self-defense, but concluded that the trial court should have instructed the jury on involuntary manslaughter.
We explained that a trial court must, sua sponte, or on its own initiative, instruct the jury on lesser included offenses "when the evidence raises a question as to whether all of the elements of the charged offense were present [citation], but not when there is no evidence that the offense was less than that charged." ( Sedeno, supra, 10 Cal. 3d at p. 715.) "The obligation to instruct on lesser included offenses exists even when as a matter of trial tactics a defendant not only fails to request the instruction but expressly objects to it being given. [Citations.] Just as the People have no legitimate interest in obtaining a conviction of a greater offense than that established by the evidence, a defendant has no right to an acquittal when that evidence is sufficient to establish a lesser included offense." ( Id. at p. 716, fn. omitted.)
In contrast to lesser included offenses, a trial court's duty to instruct, sua sponte, or on its own initiative, on particular defenses is more limited, arising "only if it appears that the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case." ( Sedeno, supra, 10 Cal. 3d at p. 716; see also People v. Montoya (1994) 7 Cal. 4th 1027, 1047, 874 P.2d 903.)
In a footnote, Sedeno elaborated on the difference between the trial court's limited duty to instruct, sua sponte, on a particular defense, and its broader duty to instruct, sua sponte, on lesser included offenses. After stating that a trial court should not instruct on a defense that is inconsistent with the defendant's theory of the case, Sedeno pointed out that when there is evidence at trial that the defendant is guilty not of the crime charged, but of a lesser included offense, the court must instruct on the lesser offense even when the defendant claims to be innocent of both the greater and the lesser offense. In the court's words: "If it appears to the court . . . that there is substantial evidence that would support a defense inconsistent with that advanced by a defendant, the court should ascertain from the defendant whether he wishes instructions on the alternative theory. Such inquiry will afford assurance that the theory has not been inadvertently overlooked by counsel. [Citation.] When the charged offense is one that is divided into degrees or encompasses lesser offenses, and there is evidence from which the jury could conclude that the lesser offense had been committed, the court must instruct on the alternate theory even if it is inconsistent with the defense elected by the defendant under the rule obliging the court to instruct on lesser included offenses discussed supra." ( Sedeno, supra, 10 Cal. 3d at p. 717, fn. 7, italics added.)<
Page 1 2 3 4 5 6 7 8 9 10 11 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|