Does the error of instruction on imperfect self-defense affect the outcome of a jury trial?

California, United States of America


The following excerpt is from People v. Camarillo, A155577 (Cal. App. 2021):

(See People v. Chism (2014) 58 Cal.4th 1266, 1299.) If there was no factual support for this part of the instruction on imperfect self-defense, then it is not reasonably probable the verdict would have been different because the jury would not have applied it. (People v. Debose (2014) 59 Cal.4th 177, 205-206 [" 'error of instruction on an inapplicable legal theory is reviewed under the reasonable probability standard' " of People v. Watson (1956) 46 Cal.2d 818, 836].)

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