People v. Castillo CA4/1

INTRODUCTION

Miguel Angel Castillo appeals from a judgment following his conviction

on one count of second degree murder under Penal Code1 section 187, subdivision (a). Castillo argues the conviction should be reversed because the trial court prejudicially erred in not instructing the jury on the lesser included offense of voluntary manslaughter. In his view, the record contains evidence showing he was provoked or acted in imperfect self-defense. The Attorney General contends an instruction on the lesser included offense was not warranted because neither provocation nor imperfect self-defense was supported by substantial evidence. We agree and affirm the conviction.

FACTUAL AND PROCEDURAL BACKGROUND

On the night of August 5, 2021, two friends, K.A. and G.G., were at G.G.’s grandmother’s house. Castillo lived across the street and invited them over to his house. K.A. did not know Castillo well having only spent time with him on two or three occasions in the week prior to August 5, 2021. Each time K.A. was with Castillo, G.G. was present as Castillo and G.G. were involved in a romantic relationship. K.A. had a previous conflict with Castillo’s sister and was uncomfortable being…