What is the test for a jury to determine whether a defendant acted based on mixed motives?
California, United States of America
The following excerpt is from People v. Pimentel, E063608 (Cal. App. 2017):
Defendant contends the court should have sua sponte instructed the jury that "acting based on mixed motives is permissible so long as reasonable fear was the but-for cause of his decision to kill." Applying the de novo standard of review to this claim of instructional error (People v. Fiore, supra, 227 Cal.App.4th at p. 1378), we reject this contention. We also decline to find ineffective assistance of counsel.
1. The Origins of Defendant's Proposed Mixed Motives Instruction
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