California, United States of America
The following excerpt is from People v. Hernandez, B253166 (Cal. App. 2015):
Even if the issue were not waived, appellant's claim is without merit. First, appellant cites no authority holding such an instruction is required. Second, appellant's argument erroneously conflates the more demanding principles of justification with less demanding principles of mitigation, and thus adds to the latter principles a requirement erroneously derived from the former principles. Third, "[t]he subjective elements of [perfect] self-defense and imperfect self-defense are identical. Under each theory, the appellant must actually believe in the need to defend himself against imminent peril to life or great bodily injury." (People v. Viramontes (2001) 93 Cal.App.4th 1256, 1262,
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