California, United States of America
The following excerpt is from People v. Hernandez, B283270 (Cal. App. 2019):
Defendant contends that the trial court erred (1) in not instructing the jury that a person who uses deadly force against an intruder within his residence is "presumed to have held a reasonable fear of imminent peril of death or great bodily injury," and (2) in not modifying CALCRIM No. 506. Defendant did not bring either claimed error to the trial court's attention. However, we will ignore any forfeiture ( 1259),3 and will independently review the correctness of the trial court's instructions (People v. Simon (2016) 1 Cal.5th 98, 132-133).
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