Conviction of defendant for assault with a deadly weapon is affirmed where: 1) defendant’s proposed instruction based on CALCRIM No. 3471 was irrelevant to the jury’s consideration of whether defendant acted in reasonable self-defense; and 2) because CALCRIM No. 3471 concerns the preliminary factual question of whether a defendant has the right to act in self-defense, the trial court’s unqualified instruction on reasonable self-defense rendered that instruction unnecessary.
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Appellate Information
Filed December 22, 2009
Judges
Opinion by Judge Mosk
CounselFor Appellant: Jeanine G. Strong
For Appellee: Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, David Zarmi, Deputy Attorney General
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