People v. Flannel

*672Opinion

TOBRINER, J.

Defendant Charles M. Flannel appeals from a judgment of conviction entered on jury verdicts finding him guilty of second degree murder (Pen. Code, § 187), and finding affirmatively on a firearm use allegation (Pen. Code, §§ 1203, subd. (6) and 12022.5). He contends that the court erred in failing to instruct the jury sua sponte that defendant’s honest but unreasonable belief that he must defend himself from deadly attack negates malice so that the offense is reduced from murder to manslaughter. Defendant also urges that the court should have given requested instructions on…