What is the test for unreasonable self-defense?

California, United States of America


The following excerpt is from People v. Nunez, B284222 (Cal. App. 2018):

A brief review of unreasonable self-defense is necessary to analyze defendant's argument. "Unreasonable self-defense is 'not a true defense; rather, it is a shorthand description of one form of voluntary manslaughter.' " (People v. Elmore (2014) 59 Cal.4th 121, 134.) " '[O]ne who holds an honest but unreasonable belief

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in the necessity to defend against imminent peril to life or great bodily injury does not harbor malice and commits no greater offense than manslaughter.' " (Ibid.) Unreasonable self-defense "involves a misperception of objective circumstances . . . ." (Id. at p. 135.) The defendant must have the actual albeit unreasonable belief that he is in imminent danger of death or great bodily injury. (People v. Manriquez (2005) 37 Cal.4th 547, 581.)

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