P. v. Harris CA5
Defendant Gerald Brent Harris appeals from his conviction after a jury trial on September 4, 2014, for the second degree murder of Dante Breeding (Pen. Code, §§ 187, subd. (a), 189). The jury found true an allegation defendant personally discharged his firearm causing the death of Breeding (§ 12022.53, subd. (d)). The trial court sentenced defendant to an indeterminate term of 15 years to life for second degree murder and a consecutive term of 25 years to life for the personal gun use enhancement.
On appeal, defendant contends the standard pattern instruction used to instruct the jury on heat of passion, CALCRIM No 570, precluded the jury from considering the third party conduct of defendant’s neighbors. Defendant argues the trial court erred in failing to instruct the jury on self-defense and imperfect self-defense. Defendant further contends the trial court erred in denying his motion to exclude a racial epithet he directed toward the victim. Additionally, the parties fi
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