California Court of Appeal

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PEOPLE v. QUACH, G027470

The trial court erred in instructing the jury with CALJIC No. 5.56, which affords the right of self-defense to a mutual combatant only after, inter alia, he has informed his opponent that he has stopped fighting and given his opponent the opportunity to stop. The jury could reasonably have concluded that this was a mutual combat situation, likely referred to CALJIC No. 5.56, and been misinformed on the crucial test to be applied to such facts. Such error requires reversal of defendant's conviction of attempted murder.

Appellate Information

  • Decided 02/27/2004
  • Published 02/27/2004

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • ‚ÄČNeil Auwarter, San Diego, under appointment by the Court of Appeal, for Defendant and Quach., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela A. Ratner Sobeck and David Delgado-Rucci, Deputy Attorneys General, for Plaintiff and Respondent.