P. v. Yang CA5
Defendant shot and killed his father, Foung Yang (Foung), near the doorway of defendant’s apartment. In his subsequent interrogation, defendant did not say that Foung had molested him as a child, had molested defendant’s children, or had threatened to kill defendant earlier that day. However, defendant did make those claims in his testimony at trial. Nonetheless, he was convicted of first degree murder.
On appeal, defendant argues the court erred by (1) failing to instruct the jury on heat of passion theory of manslaughter; and (2) by instructing the jury that self-defense only applied if, inter alia, defendant “used no more force than was reasonably necessary to defend against that danger.”
We reject both contentions and affirm the judgment.
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