P. v. Lemus CA3
In December 2015 defendant Jeffrey Lemus stabbed and killed Kelly Choate with a knife during a physical altercation at a bar. A jury acquitted defendant of first and second degree murder (Pen. Code, § 187) but found him guilty of voluntary manslaughter (Pen. Code, § 192, subd. (a)). The jury also found true the allegation he personally used a deadly or dangerous weapon. (Pen. Code, § 12022, subd. (b)(1).) The trial court sentenced him to an aggregate term of seven years in state prison.
On appeal, defendant contends the trial court prejudicially erred in failing sua sponte to properly instruct the jury pursuant to CALCRIM No. 505. He argues the trial court erred in omitting the following optional paragraph in CALCRM No. 505: “[If you find that the defendant knew that __________ <insert name of decedent/victim> had threatened or harmed others in the past, you may consider that information in deciding whether the defendant’s conduct and beliefs were reasonable.]”
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