P. v. Vasquez CA4/3
A jury convicted Rodrigo Gabriel Garcia and Ignacio Flores Vasquez of attempted murder. Garcia was the direct perpetrator of an assault with a knife; Vasquez was one of two alleged aiders and abettors. In an earlier opinion, we reversed Garcia’s conviction because the trial court failed to provide the jurors with an imperfect self-defense instruction. (People v. Garcia (May 18, 2017, G052567) [nonpub. opn.].)
In this appeal, Vasquez argues there was insufficient evidence to find him guilty of attempted murder, the pattern jury instruction regarding a defendant’s flight from the scene of a crime violates due process, and the trial court erred by failing to instruct the jury as to the defense of imperfect self-defense.
We find sufficient evidence to sustain Vasquez’s conviction. We also hold that the flight instruction does not violate due process.
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