P. v. Muro
Appellant was found guilty after a jury trial of attempted murder and assault with a firearm. The jury found true allegations appellant personally used and discharged a firearm causing great bodily injury, personally used a firearm, and inflicted great bodily injury. The trial court sentenced appellant on count one to an indeterminate life term, plus a term of 25 years to life. The court imposed a restitution fine, direct victim restitution, and granted applicable custody credits.
Appellant contends he was delusional when he shot the victim. Appellant argues the trial court had a sua sponte duty to instruct the jury with CALJIC No. 4.35, the mistake-of-fact instruction, and that its failure to do so prevented the jury from evaluating a viable defense. Judgment Affirmed.
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