Does a defendant have a sua sponte duty to instruct on imperfect self-defense?
California, United States of America
The following excerpt is from People v. Davis, E060920 (Cal. App. 2015):
Similarly, in People v. Valenzuela (2011) 199 Cal.App.4th 1214, 1227-1230, 1232, the appellate court rejected the defendant's contention that the trial court had a sua sponte duty to instruct on imperfect self-defense thusly, "It cannot be said . . . that if the jury credited [the defendant's] testimony, his actual belief that he was in imminent danger might also be deemed unreasonable. [The defendant testified that] the [car containing the
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