People v. Viramontes

*1259Opinion

BOLAND, J.*

Introduction

Appellant Jason Viramontes challenges his murder and attempted murder convictions on the ground the trial court erred in refusing to instruct on imperfect self-defense. We conclude the evidence supported an instruction on imperfect self-defense and the trial court erred in failing to so instruct. Given the state of the evidence at trial, the error was not harmless.

Background and Procedural History

On the night of February 13, 1999, Ron Garcia held a party in his garage and yard. About 20 to 30 people were in the dimly lit garage, where a disc jockey played music.…