P. v. Stremple CA4/3
During a fistfight, defendant Anthony Alfredo Stremple pulled out a knife and stabbed the victim multiple times in the chest and abdomen. On appeal, defendant challenges his conviction for attempted murder.
Defendant argues the trial court erred by instructing the jury with CALCRIM No. 3472, which provides that a person has no right to self-defense if he or she provokes a fight intending to create a reason to use excessive force. The trial court fully and correctly instructed the jury regarding self-defense and imperfect self-defense. The prosecutor did not argue self-defense was unavailable to defendant as a defense, and there was no evidence that the victim used sudden and deadly force against defendant during the fight. There was no instructional error.
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