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Lesser Included Offense Jury Instruction In District Of Columbia

An instruction on a lesser-included offense is justified if:

(1) all elements of the lesser offense are included within the offense charged.

(2) there is a sufficient evidentiary basis for the lesser charge Boykins v. United States, 702 A.2d 1242, 1250 (D.C. 1997) (citations omitted); see also Day v. United States, 390 A.2d 957, 961 (D.C. 1978).

"The requirement of a sufficient evidentiary basis can be met by a showing that: (1) there is conflicting testimony on a factual issue, or (2) the lesser-included offense is fairly inferable from the evidence." Price v. United States, 602 A.2d 641, 644 (D.C. 1992). The standard requires the production of some evidence that offers a rational basis for the instruction. See Rease, 403 A.2d 322, 328-29 (D.C. 1979); West v. United States, 499 A.2d 860, 865 (D.C. 1985).

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