Lesser Included Misdemeanor Jury Instructions
In People v. Stephens, 416 Mich 252, 261-265; 330 NW2d 675 (1982), the Supreme Court of Michigan set forth the following test justifying a lesser included misdemeanor instruction:
(1) a specific request has been made;
(2) there exists an appropriate relationship between the charged offense and the requested misdemeanor; (3) the requested misdemeanor is supported by a rational view of the evidence;
(4) if the prosecution requests the misdemeanor instruction, the defendant has adequate notice of it as one of the charges against which he is expected to defend;
(5) the requested instruction does not result in undue confusion or some other injustice.