California Court of Appeal

The court's charge to the jury contained language which adequately conveyed that the defendant did not have to face an actual danger in order to uphold a claim of imperfect self-defense but instead only had to actually believe, even incorrectly and unreasonably, that he faced a danger, so use of CALJIC 5.51 would have been superfluous.

Appellate Information

• Decided 02/15/2001
• Published 02/15/2001

Judges

• CHARLES S. VOGEL, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Susan E. Nash, under appointment by the Court of Appeal, Pacific Palisades, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Mary Sanchez and Michael W. Whitaker, Deputy Attorneys General, for Plaintiff and Respondent.