What is the test for prejudicial error in a portion of the instructions to the jury regarding self-defense?

California, United States of America


The following excerpt is from People v. Esquivel, A149692 (Cal. App. 2019):

Defendant claims the court committed prejudicial error in a portion of its instructions to the jury regarding self-defense. He specifically contends the jury was precluded from considering whether he acted in imperfect self-defense when he fired his gun at the victim. Because we consider " 'the correctness of jury instructions . . . from the entire charge of the court, not from a consideration of the parts of an instruction or from a particular instruction' " (People v. Castillo (1997) 16 Cal.4th 1009, 1016), our analysis considers the court's instructions relating to both perfect and imperfect self-defense.

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