California Court of Appeal

Conviction of defendant for assault with a deadly weapon is affirmed where: 1) defendant's proposed instruction based on CALCRIM No. 3471 was irrelevant to the jury's consideration of whether defendant acted in reasonable self-defense; and 2) because CALCRIM No. 3471 concerns the preliminary factual question of whether a defendant has the right to act in self-defense, the trial court's unqualified instruction on reasonable self-defense rendered that instruction unnecessary.

Appellate Information

• Decided 12/22/2009
• Published 12/22/2009

Judges

• MOSK, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Jeanine G. Strong, Carmel, 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, Kenneth C. Byrne, Supervising Deputy Attorney General, David Zarmi, Deputy Attorney General, for Plaintiff and Respondent.