People v. Washington
127 CAL.APP.4TH 290, 25 CAL.RPTR.3D 459, 2005 DAILY JOURNAL D.A.R. 2572, 5 CAL. DAILY OP. SERV. 1880, 05 CAL. DAILY OP. SERV. 1880, 2005.CA.0001923
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Publisher Description
In People v. Sedeno (1974) 10 Cal.3d 703 (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 defendants theory of the case." (Id. at p. 716, italics added.)