People v. Martinez

Mr. PRESIDING JUSTICE SIMON

delivered the opinion of the court:

The defendant’s conviction by a jury of attempt murder stemmed from a barroom fight during which the defendant stabbed Juan Soto in the abdomen. Though the cause of the brawl is disputed, that the defendant pulled a steak knife from his pocket and stabbed Soto with it is not questioned.

At trial, the defendant claimed that he stabbed Soto to protect himself because Soto had already pulled a knife. The defendant contends on appeal that the trial court failed to apprise the jury that once this affirmative defense of self-defense had…