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.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. However, just as in Garcia’s appeal, we reverse Vasquez’s attempted murder conviction because the trial court failed to instruct the jury on imperfect self-defense.
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