P. v. Leon
Defendant was convicted after jury trial of second degree murder, and discharging a firearm at an occupied motor vehicle. After denying defendant’s motion to reduce the conviction to manslaughter, the court sentenced defendant to the indeterminate term of 40 years to life.
On appeal defendant contends that (1) he was deprived of due process when the court refused to instruct the jury with CALJIC No. 5.43; (2) he was deprived of due process when the court instructed the jury with CALJIC Nos. 5.54 and 5.55; (3) he was deprived of due process when the court refused to instruct the jury that a pellet gun is a dangerous and deadly weapon; (4) the court erred by failing to instruct the jury sua sponte that a citizen may use deadly force in order to apprehend a fleeing burglar; (5) the judgment must be reversed due to cumulative prejudice resulting from the above errors; (6) he was deprived of due process when the court failed to instruct the jury sua sponte that a citizen may justifiably kill a burglar when the nature of the crime is such that it yields a reasonable fear of death or great bodily harm; (7) the murder conviction must be reversed due to the court’s error in instructing the jury on the principles of felony murder; and (8) the court erred by failing to grant his motion. Court affirmed the conviction.
Defendant has also filed a petition for writ of habeas corpus contending that he was deprived of the effective assistance of counsel, which the court ordered considered with the appeal. Court disposed of the petition by separate order filed this date.
Comments on P. v. Leon