Legal Opinion

People v. SHELMIRE

California Court of Appeal

Decided June 29, 2005No. C045429PublishedCited by 12 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

SIMS, Acting P. J.

In People v. Sedeno (1974) 10 Cal.3d 703 [112 Cal.Rptr. 1, 518 P.2d 913] (Sedeno), our Supreme Court said, “[T]he duty to give instructions ... on particular defenses and their relevance to the charged offense arises only if it appears that a 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.” (Id. at p. 716, italics added.)

The first prong of this disjunctive test suggests that a defendant is entitled to an instruction on a defense on…

2Cases cited26 opinions

  1. People v. JohnsonCalifornia Supreme Court · 1980
  2. People v. BrevermanCalifornia Supreme Court · 1998
  3. People v. SedenoCalifornia Supreme Court · 1974
  4. People v. FlannelCalifornia Supreme Court · 1979
  5. People v. MauryCalifornia Supreme Court · 2003

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

3Cited by12 opinions

  1. People v. Kaufman, California Court of Appeal, 5th District2017
  2. (HC) Medina v. DavisDistrict Court, E.D. California · 2020
  3. P. v. Cornejo CA2/5California Court of Appeal · 2013
  4. P. v. Hayes CA4/1California Court of Appeal · 2013
  5. People v. Aspinwall CA6California Court of Appeal · 2014

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

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