People v. De Leon

Opinion

WOODS (Fred), J.

A jury convicted appellant of second degree murder (count I, Pen. Code,1 § 187, subd. (a)), attempted second degree murder (count II, §§ 664/187, subd. (a)), assault with a firearm (count III, § 245, subd. (a)(2)) and found gun use allegations (§ 12022.5), as to each count, true.

Appellant contends the trial court committed error, prejudicial as to counts I and II, by failing to sua sponte instruct on imperfect self-defense. (People v. Flannel (1979) 25 Cal.3d 668 [160 Cal.Rptr. 84, 603 P.2d 1].) We disagree and affirm the judgment.

Factual Background

Although there is no…