P. v. Hoang CA6
Defendant Han Quoc Hoang was convicted by jury trial of second degree murder (count 1, Pen. Code, § 187), by personally discharging a firearm causing death (§ 12022.53, subd. (d)). On appeal, he contends that the court prejudicially erred by instructing the jury, in accordance with CALCRIM No. 505, that to justify his killing of the victim on a theory of self-defense, defendant had to have acted “only because of” the reasonable belief that he was in imminent danger of death or great bodily injury. We find no instructional error and therefore must affirm the judgment.
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