People v. SHELMIRE
California Court of Appeal
[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
- People v. JohnsonCalifornia Supreme Court · 1980
- People v. BrevermanCalifornia Supreme Court · 1998
- People v. SedenoCalifornia Supreme Court · 1974
- People v. FlannelCalifornia Supreme Court · 1979
- People v. MauryCalifornia Supreme Court · 2003
21 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. Kaufman, California Court of Appeal, 5th District2017
- (HC) Medina v. DavisDistrict Court, E.D. California · 2020
- P. v. Cornejo CA2/5California Court of Appeal · 2013
- P. v. Hayes CA4/1California Court of Appeal · 2013
- People v. Aspinwall CA6California Court of Appeal · 2014
7 more not listed; retrieve them via the Exa API.