People v. Johnson

Opinion

MOSK, J.

INTRODUCTION

Defendant and appellant Clifford Johnson (defendant) stabbed a motel employee who was attempting to eject defendant from motel property. Defendant argued at trial that the employee used excessive force when attempting to eject defendant and that defendant stabbed the employee in self-defense. A jury convicted defendant of one count of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).)

On appeal, defendant contends that the trial court erred by refusing to give defendant’s proposed jury instruction—derived from CALCRIM No. 3475— that force is permitted to…