Justice COATS delivered the Opinion of the Court.
¶1 The People sought review of the court of appeals' judgment reversing Roman's conviction for first degree assault.
¶2 In light of the evidence presented at trial and the instructions actually provided to the jury, there was no reasonable possibility that the failure to instruct on reckless second degree assault contributed to the defendant's conviction of first degree assault, and any error in that regard would therefore have been harmless. The judgment of the court of appeals is therefore reversed.
¶3 Darren Roman was charged with attempted first degree murder and first degree assault, as the result of an incident in which the mother of his child suffered a knife wound to her neck and substantial cuts to her hands. He was convicted of first degree assault and sentenced to imprisonment for fifteen years.
¶4 The uncontested evidence at trial indicated that on June 7, 2009, the defendant and the victim were involved in a romantic relationship, shared an apartment, and had a son together. That day, while both individuals were at their home, the defendant discovered a series of romantic text messages on the victim's cell phone between the victim and another man, some of which discussed the victim's plans to end her relationship with the defendant. At trial, the victim and the defendant provided substantially different accounts of what happened following this discovery.
¶5 The victim's testimony at trial and her statements made to the police shortly after the incident indicated that the defendant reacted angrily upon seeing the text messages and attacked her with a knife, threatening to kill her, pinning her on her bed, and slicing her neck. Her statements and testimony further indicated that although she fought the defendant off, she was unable to fully close the bedroom door against him, and when he forced the knife through the remaining opening in the doorway, she grabbed the blade in an attempt to ward off further injury, cutting her hands in the process. The prosecution also presented medical evidence to the effect that the victim's neck wound came dangerously close to cutting her jugular vein or carotid artery, which might have proved fatal, and that her hand wounds were deep enough to cut tendons, permanently impairing both her feeling in, and use of, her hands.
¶6 The defendant testified on his own behalf, denying that he attacked or made any attempt to stab the victim. Instead, he testified that he threatened to kill himself with the knife he was holding for that purpose, and that it was the victim who taunted and pushed him, ultimately cutting her hands on the knife while physically attacking him. The defendant further testified that upon seeing that the victim had cut herself, he dropped the knife, which she then retrieved and used to stab him in the hand. The defendant's testimony and theory-of-the-case instruction denied that he cut the victim's neck or that she suffered any neck wound while he was present.
¶7 The trial court instructed the jury on the charged offenses, as well as the lesser included offenses, respectively, of attempted second degree murder and second degree assault committed by intentionally causing bodily injury with a deadly weapon. The defendant requested and was allowed an instruction embodying his theory of the case, which largely tracked his own testimony, denying that he caused any injury to the victim's neck, indicating that the victim's hands were injured accidentally when she pushed him and grabbed the knife he was holding, and indicating further that his own knife wound was caused by the victim when she picked up the knife and stabbed him with it. The defendant also tendered, among others, an instruction that presented the jury with the opportunity, if it were not satisfied that he was guilty of first degree assault, to find him guilty of either of two additional lesser included offenses. One of these additional lesser included offenses was an alternate way of committing second degree assault, by recklessly causing serious bodily injury to another person by means of a deadly weapon, and the other was third degree assault, committed by negligently causing bodily injury to another person with a deadly weapon. The trial court denied this instruction, finding that the evidence did not provide a rational basis to acquit of the charged offense and still convict of either of these two lesser offenses.
¶8 The jury returned verdicts of not guilty as to either attempted first or second degree murder. Rather than returning verdicts of not guilty of assault or finding the defendant guilty of only second degree assault, as its instructions permitted, however, the jury returned a verdict of guilty of first degree assault, as charged. Judgment therefore entered, and the defendant was sentenced for first degree assault.
¶9 On direct appeal, the court of appeals reversed, finding both that the trial court erred in denying the defendant's requested instruction on reckless second degree assault and that the error was not harmless. With regard to the denial of the defendant's requested lesser-included-offense instruction itself, the intermediate appellate court relied on case law of its own that it considered analogous, as well as case law from this court concerning lesser-included-homicide instructions, to find that the defendant's testimony to the effect that he was holding a knife to threaten suicide and maintained possession of the knife as a physical altercation occurred with the victim was enough to provide a rational basis to support a conviction for recklessly causing the victim's injuries. With regard to harmlessness, the intermediate appellate court found that the erroneous denial of a lesser-offense instruction could be harmless only if the jury found the defendant guilty of a charged offense in lieu of an available lesser included offense, of which the erroneously denied offense was itself a lesser included offense.
¶10 The People petitioned for review of the court of appeals' determination that denying the defendant's tendered reckless-second-degree-assault instruction was not harmless, and the defendant cross-petitioned concerning the denial of his separately tendered instruction concerning provocation. We granted only the People's petition for a writ of certiorari.
¶12 As we have only recently made clear, substantial evolution of the law governing reversible error, in both the jurisprudence of this court and that of the Supreme Court, and especially the Supreme Court's distinction between structural and trial error, now fully embraced in this jurisdiction, has led to the conclusion that a trial right impacted by the error in question can never be classified as "substantial" based solely on the nature of the error itself.
¶13 Although Crim. P. 52, defining and prescribing the consequences of both harmless and plain error, is virtually identical to Fed. R. Crim. P. 52, and although we have increasingly come to rely on federal standards concerning the nature and reversibility of particular errors,
¶14 In addition to making clear that the harmless error standard requires an evaluation of the likely impact of any error on the outcome of the proceeding, we have also indicated that the question of prejudicial impact cannot be reduced to a specific set of factors.
¶15 We have long held that a defendant is entitled to have the jury apprised of his theory of the case as long as there is any evidence to support it, even if that theory is highly improbable and finds support only in the testimony of the defendant himself.
¶16 In this jurisdiction, a criminal defendant is entitled to an instruction permitting the jury to find him guilty of a lesser offense, whether included in the charged offense or not, where it is supported by the evidence and the defendant wants it.
¶17 With regard to charges of homicide, at least those including less culpable homicide offenses distinguishable largely by the mental state of the defendant, we have identified a third interest in presenting the jury with lesser-included-offense instructions. Although the standard of evidentiary support for a lesser-offense instruction is generally expressed as a rational basis to acquit of the greater and convict of the lesser offense, with regard to lesser homicide offenses, we have long required that instructions be given upon request, whenever there is some evidence, however slight, incredible, or unreasonable, tending to establish the lesser included offense.
¶19 Quite the contrary, although we suggested in
¶20 In this case, however, it can be fairly determined that there is no reasonable possibility the defendant was prejudiced by an erroneous rejection of his requested instruction on reckless second degree assault. By disregarding the comparable lesser included offense of second degree assault that was actually available to it, the jury clearly demonstrated that it did not find the defendant guilty of first degree assault simply because it had no less serious option short of acquittal and despite being unconvinced of his guilt of that offense. Similarly, there was no reasonable possibility the jury could have accepted and implemented the defendant's theory of the case by convicting of reckless second degree assault in lieu of first degree assault, had that option been available to it, for the simple reason that it was never the defendant's theory that he committed reckless second degree assault or any other lesser offense of first degree assault—in both his testimony and his theory-of-the-case instruction the defendant steadfastly denied causing the victim's injuries.
¶21 The intermediate appellate court found a rational basis in the evidence to convict the defendant of recklessly "causing" the victim's injuries by simply arming himself with a knife, threatening to kill himself, and maintaining possession of the knife as a physical altercation occurred with the victim. Whether there was support for this scenario in the record, and whether evidence of such a scenario could provide a rational basis to convict the defendant of reckless second degree assault in any event, are matters not currently before this court. Even assuming the trial court erred in declining to give the defendant's requested instruction, in light of both the jury's rejection of the lesser included offense of which it had the option to convict and the defendant's testimony and theory of the case, there is nevertheless no reasonable possibility that the defendant was prejudiced by any inability of the jury to implement his theory of the case.
¶22 The defendant's testimony and theory-of-the-case instruction unequivocally and unwaiveringly asserted that he never undertook any voluntary action to either threaten or stab the victim. As the court of appeals appeared to acknowledge, in order to find him guilty of nothing more than recklessly assaulting the victim with a deadly weapon, consistent with this theory of the case, the jury would be required to reason that by threatening to kill himself with a knife, the defendant disregarded a substantial and unjustifiable risk that the victim would challenge him to do so, would physically attack him, and would cut her own hands and neck on his knife by her own conduct. Whether it could satisfy the causation element of the crime in any event, in light of the physical evidence and diametrically opposed accounts of what transpired—neither of which remotely suggested this scenario—we find there to be no reasonable possibility that the jury would have engaged in such a chain of reasoning.
¶23 In light of the evidence presented at trial and the instructions actually provided to the jury, there was no reasonable possibility that the failure to instruct on reckless second degree assault contributed to the defendant's conviction of first degree assault, and any error in that regard would therefore have been harmless. The judgment of the court of appeals is therefore reversed.