PEOPLE v. HERNANDEZ, E031875
Although jury instructions regarding what an original aggressor or mutual combatant must do in order to claim self-defense were ambiguous, the error was harmless, because there was absolutely no evidence that defendant did attempt to withdraw before the assault. Additionally, defense counsel invited the error.
Appellate Information
- Decided 08/20/2003
- Published 08/20/2003
Judges
Court
- California Court of Appeal
Counsel
- For Appellees:
- Marleigh A. Kopas, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry J.T. Carlton and Gary W. Brozio, Supervising Deputy Attorneys General, for Plaintiff and Respondent.