P. v. McDonald CA5
Defendant appeals from his conviction of brandishing a firearm and voluntary manslaughter with a firearm use enhancement. He claimed self-defense in response to the homicide charge. He contends evidence of the victim’s character for violence was admitted to show both the victim’s state of mind and his conduct in conformity with that character trait on the day of his death. The trial court, however, erroneously instructed the jury it could consider the evidence only on the issue of defendant’s state of mind. Additionally, defendant contends the jury instruction on self-defense incorrectly added as an element a requirement that defendant used no more force that was reasonably necessary to defend against the danger.
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