P. v. Larin CA5
A jury convicted Vlad Oleg Larin, appellant, of battery causing serious bodily injury, and misdemeanor assault. On appeal, appellant contends the trial court should have instructed the jury on the limited right of an initial aggressor or participant in mutual combat to lawfully use deadly force in self-defense. We conclude the jury was properly instructed because such instruction was not supported by substantial evidence. Appellant further contends the trial court erred in allowing the People to introduce a portion of a witness’s recorded interview pursuant to the rule of completeness. We agree the trial court erred, but conclude the error was harmless, and affirm.
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