defendant requests instruction in Utah

2012When a defendant requests an instruction on a lesser included offense, "it must be given if (1) the statutory elements of greater and lesser included offenses overlap to some degree, and (i) the evidence provides a rational basis for a verdict acquitting the defendant of the offense charged and con-viecting him of the included offense." State v. Spillers, 2005 UT App 283, ¶ 15 , 116 P.3d 985 (quoting State v. Hansen, 734 P.2d 421, 424 (Utah 1986)).

2005When a defendant requests an instruction on a lesser included offense, “it must be given if (i) the statutory elements of greater and lesser included offenses overlap to some degree, and (ii) the evidence pro vides a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.” State v. Hansen, 734 P.2d 421, 424 (Utah 1986) (discussing the Baker test for lesser included offense instructions) (quotations and citations omitted); see Utah Code Ann. § 76-1-402 (4) (1999) (“The court shall not be obligated to charge the jury with respect t

2013Defense Counsel Was Not Ineffective for Failing to Argue that the State's Requested Instruction for the Lesser Included Offense of Manslaughter Violated State v. Baker. | 134 State v. Baker, 671 P.2d 152 (Utah 1983), recognizes that different tests apply when the defendant requests an instruction for a lesser included offense as opposed to when the State makes such a request.

1986Baker requires that when a defendant requests such an instruction, it must be given if (i) the statutory elements of greater and lesser included offenses overlap to some degree, and (ii) the evidence provides a "rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense." 671 P.2d at 159 , quoting § 76-1-402(4). [5] In defending the trial court's refusal to give the lesser included instruction, the State contends that the first element of the Baker test is not satisfied: there are no overlapping elements between a charge of an intent

2005In other words, “[w]hen the evidence is ambiguous and therefore susceptible to alternative interpretations, and one alternative would permit acquittal of the greater offense and conviction of the lesser, a jury question exists and the court must give a lesser included offense instruction at the request of the defendant.” Crick, 675 P.2d at 532 (quoting Baker, 671 P.2d at 159 ). ¶ 16 The State concedes that the first prong of the Baker test is satisfied as the elements of extreme-emotional-distress manslaughter and imperfect-legal-justification manslaughter overlap with the elements of murder.

1986State v. Crick, 675 P.2d 527, 538 (Utah 1983) (Stewart, J., dissenting).

2020See State v. Powell, 2007 UT 9, ¶ 24 , 154 P.3d 788 .

2020See State v. Powell, 2007 UT 9, ¶ 24 , 154 P.3d 788 .