Legal Opinion

People v. Blevins

California Court of Appeal

Decided May 31, 1990No. A045636PublishedCited by 7 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

CHANNELL, J.

In this case, we analyze what constitutes a closely related offense within the meaning of People v. Geiger (1984) 35 Cal.3d 510 [199 Cal.Rptr. 45, 674 P.2d 1303, 50 A.L.R.4th 1055], requiring the trial court to instruct the jury on a lesser related offense, We find that for a lesser uncharged offense to be closely related to a greater charged offense, evidence of the lesser offense must be relevant to the issue of whether the defendant is guilty of the greater one. Applying this test, we find that the lesser offenses in this case were not closely related to the greater…

2Cases cited7 opinions

  1. People v. HoodCalifornia Supreme Court · 1969
  2. People v. GeigerCalifornia Supreme Court · 1984
  3. People v. RochaCalifornia Supreme Court · 1971
  4. United States v. Willie WhitakerCourt of Appeals for the D.C. Circuit · 1971
  5. People v. ToroCalifornia Supreme Court · 1989

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. BirksCalifornia Supreme Court · 1998
  2. People v. FarrowCalifornia Court of Appeal · 1993
  3. People v. WhitfieldCalifornia Court of Appeal · 1993
  4. People v. JonesCalifornia Court of Appeal · 1993
  5. People v. MooreCalifornia Court of Appeal · 1990

2 more not listed; retrieve them via the Exa API.

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