Can a defendant argue that CALCRIM No. 3471 was misleading when it stated a party does not have the right to self-defence unless he retreats and withdraws?
California, United States of America
The following excerpt is from People v. Lovely, F071158 (Cal. App. 2018):
Defendant contends that CALCRIM No. 3471 was misleading because it stated a party does not have the right to self-defense unless he retreats and withdraws. However, CALCRIM No. 3471 is a correct statement of the law. (People v. Nguyen, supra, 61 Cal.4th at p. 1050.)
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