California Court of Appeal

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People v. Villanueva, B202418

In a case resulting in a conviction for attempted second-degree murder, the trial court committed prejudicial error in refusing Defendant's request that the jury be instructed on self-defense, notwithstanding his assertion that the shooting was accidental. When a defendant facing a charge of attempted murder relies on a claim that his act was committed by accident during the course of lawful self-defense, the jury should be instructed on excusable homicide.

Appellate Information

  • Decided 12/12/2008
  • Published 12/12/2008

Judges

  • CROSKEY, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Marilee Marshall & Associates and Marilee Marshall, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Paul M. Roadarmel, Jr. and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.
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