P. v. Tombleson
A jury convicted Justin Tombleson of two counts of voluntary manslaughter (Pen. Code, § 192, subd. (a); all further statutory references are to this code), as lesser included offenses of murder (§ 187), and found true a penalty enhancement allegation that he used a deadly weapon (§ 12022, subd. (b)(1) [a knife]) to commit the offenses. In a bifurcated bench trial, the trial court found defendant had committed a prior strike serious felony offense (§ 667) and served a prior prison term (§ 667.5, subd. (b)). Defendant challenges the sufficiency of the evidence to support the trial court’s conclusion his prior conviction for battery with serious bodily injury (§ 243, subd. (d)) constituted a prior strike as a serious felony involving personal infliction of great bodily injury on a nonaccomplice (§ 1192.7, subd. (c)(8)). He also challenges the trial court’s instruction on an initial aggressor’s right of self-defense and contends the court erred in failing sua sponte to inst
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