P. v. Medivil CA3
A jury found defendant Johnathan Issac Mendivil guilty of second degree murder (Pen. Code, §§ 187, subd. (a), 189) and misdemeanor child endangerment (§ 273a, subd. (b)). The jury also found true the allegation that defendant personally and intentionally discharged a firearm during the commission of the murder. (§ 12022.53, subd. (d).) The trial court sentenced defendant to an aggregate term of 40 years to life in prison.
On appeal, defendant contends the trial court prejudicially erred by instructing the jury with CALCRIM No. 3472 (one may not invoke self-defense if he provoked a fight or quarrel as an excuse to use force) because the instruction prevented the jury from considering the defenses of perfect and imperfect defense of another. We affirm the judgment.
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