What is the test for a jury to be instructed on imperfect self-defense?

California, United States of America


The following excerpt is from People v. Monterrosa, B264418 (Cal. App. 2016):

Appellant contends the court committed reversible error when it refused to instruct the jury on imperfect self-defense. We apply the independent or de novo standard of review to the court's refusal to instruct on imperfect self-defense. (People v. Waidla (2000) 22 Cal.4th 690, 733.) Having done so, we find no error.

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