Does Defendant have an honest belief in a voluntary manslaughter based upon imperfect self-defense?

California, United States of America


The following excerpt is from People v. Andrade, B262569 (Cal. App. 2016):

7. An honest belief is the subjective mental state required for voluntary manslaughter based upon imperfect self-defense, which is committed with the honest but unreasonable belief that killing is necessary to defend against imminent peril. (See People v. Elmore (2014) 59 Cal.4th 121, 134.) Defendant appears to conflate the two theories of voluntary manslaughter.

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