People v. Stephens

In People v. Stephens, 416 Mich 252, 261-265; 330 NW2d 675 (1982), the Supreme Court held that, when properly requested, a trial court should instruct a jury on appropriate lesser included misdemeanors if a rational view of the evidence could support a verdict of guilty of the misdemeanor and not guilty of the felony, the defendant has proper notice or has made the request, and the instruction would not result in confusion or injustice. Failure to give such an instruction is an abuse of discretion if a reasonable person would find no justification or excuse for the ruling made. People v. Malach, 202 Mich App 266, 276; 507 NW2d 834 (1993).