P. v. Magana
A jury found defendant guilty of first degree murder based on evidence that he fatally shot his former employer, Augusto Hostia. On appeal, defendant contends that the trial court improperly hindered his assertion of a self-defense claim by excluding evidence of the victim's aggressiveness and by failing to properly instruct the jury on the right of one who initiates a non-deadly confrontation to defend himself against deadly counterforce. Court hold that the court erred in its exclusion of evidence that at the time of his death the victim had ingested methamphetamine, which can cause aggressive behavior. Court conclude, however, that this error was very unlikely to have affected the verdict, and therefore does not warrant reversal. Court reject defendant's other claims of error, except that, as respondent concedes, two enhancements based on prior prison commitments were not established by competent evidence. Accordingly court remand for the limited purpose of retrying those enhancements or striking them from the judgment.
Comments on P. v. Magana