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PEOPLE v. VIRAMONTES

No. B143288.

115 Cal.Rptr.2d 229 (2001)

93 Cal.App.4th 1256

The PEOPLE, Plaintiff and Respondent, v. Jason VIRAMONTES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

As Modified on Denial of Rehearing November 21, 2001.

Attorney(s) appearing for the Case

Robert E. Boyce, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Marc E. Turchin, Acting Senior Assistant Attorney General, Brad D. Levenson and Richard B. Cullather, Deputy Attorneys General, for Plaintiff and Respondent.

BOLAND, J.*

INTRODUCTION

Appellant Jason Viramontes challenges his murder and attempted murder convictions on the ground the trial court erred in refusing to instruct on imperfect self-defense. We conclude the evidence supported an instruction on imperfect self-defense and the trial court erred in failing to so instruct. Given the state of the evidence at trial, the error was not harmless.

BACKGROUND AND PROCEDURAL HISTORY...

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