P. v. Lemaster CA2/3
Defendant appeals from a conviction after a jury trial on one count of assault by means of force likely to produce great bodily injury. As his sole contention on appeal, Defendant argues the court improperly instructed the jury that a person does not have the right to self-defense if he or she provokes a fight with the intent to create an excuse to use force. Defendant maintains there was insufficient evidence that he provoked the fight with the requisite intent. Because there was evidence that Defendant continued to beat the victim after the victim was immobilized and incapable of inflicting injury, we conclude Defendant has failed to establish prejudicial error. We affirm.
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