P. v. Denard
Defendant Anthony Rashawn Denard was sentenced to 40 years to life in prison for the murder of Kevin Davis (Pen. Code, 187, subd. (a)) with use of a firearm (Pen. Code, 12022.53, subd. (d)). This was defendants second trial for the killing; we reversed an identical judgment following the prior trial for instructional error. (People v. Denard (Dec. 6, 2002, A097159) 2002 WL 31732690 [nonpub. opn.])Instructional issues are again the primary focus in the current appeal. Defendant argues that the court should have instructed on the offense of involuntary manslaughter, and on the principle of unreasonable defense of another. He further contends that the imperfect self-defense instructions were flawed, and that the court erred in limiting his introduction of character evidence. Court conclude that an involuntary manslaughter instruction should have been given, but hold that the error was harmless and that defendants other arguments lack merit. The judgment is therefore affirmed.
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