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PEOPLE v. BIRKS

No. S057191.

77 Cal.Rptr.2d 848 (1998)

960 P.2d 1073

19 Cal.4th 108

The PEOPLE, Plaintiff and Respondent, v. Lawrence BIRKS, Defendant and Appellant.

Supreme Court of California.

August 31, 1998.

Attorney(s) appearing for the Case

Howard J. Stechel, Los Angeles, for Defendant and Appellant.

Stephen Gilbert, Santa Monica, Linda F. Robertson, C. Delaine Renard and John Phillipsborn, San Francisco, as Amici Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, William M. Wood, Esteban Hernandez, Robert M. Foster and Laura Whitcomb Halgren, Deputy Attorneys General, for Plaintiff and Respondent.

Dennis L. Stout, District Attorney (San Bernardino) and Grover D. Merritt, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

BAXTER, Justice.

California law has long provided that even absent a request, and over any party's objection, a trial court must instruct a criminal jury on any lesser offense "necessarily included" in the charged offense, if there is substantial evidence that only the lesser crime was committed. This venerable instructional rule ensures that the jury may consider all supportable crimes necessarily included within the charge itself, thus encouraging the most accurate...

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