California SB1173 restores the right of a defendant to receive jury instructions on lesser related offenses.
California SB1173 amends Section 1159 of the Penal Code to restore the right of a defendant to receive jury instructions on lesser related offenses. This change aligns with the California Supreme Court's ruling in People v. Geiger (1984). A jury or judge may find a defendant guilty of a lesser offense if certain conditions are met, including the defendant's reliance on a defense theory consistent with the lesser offense, relevance of the evidence, and a basis for finding the offense to be less than that charged.
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