P. v. Patino CA2/17
Defendant Erik Cory Patino was convicted by jury trial of murder and possession of a firearm by a felon. On appeal, he contends (1) the trial court erred in permitting the prosecutor’s gang expert to directly opine that Patino acted for the benefit of a criminal street gang and did not act in self-defense; (2) the court erred in failing to instruct the jury that the reasonable person standard for self-defense and heat of passion includes consideration of a defendant’s age, intelligence, and experience; (3) the court erred in failing to instruct the jury on general and specific intent; and (4) these errors cumulatively violated Patino’s right to due process. We affirm.
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