CA AB2435

Amends Penal Code Section 1159 to allow juries (or judges in bench trials) to find defendants guilty of lesser offenses closely related to the charged offense upon defendant request.

Requires three conditions be met: defendant relies on a defense theory consistent with the lesser offense conviction, evidence of the lesser offense is relevant and admitted for establishing guilt of the charged offense, and a basis exists for the jury to find the offense less than charged.

Applies to judges in jury waived trials, allowing them to find defendants guilty of the lesser related offense if conditions are met.

States legislative intent to restore rights established by the California Supreme Court in People v. Geiger (1984) 35 Cal.3d 510.