California Court of Appeal

Conviction of second degree murder is affirmed where, although the trial court too narrowly defined the word 'residence' and erred in refusing to instruct the jury pursuant to Penal Code section 198.5, which provides that a person using force within his or her residence against a person who forcibly entered the residence shall be presumed to have held a reasonable fear of injury to self or another member of the household, the error was harmless.

Appellate Information

• Published 2016/04/15

Judges

• SIMONS

Court

• California Court of Appeal

Counsel