The People v. Melendez CA2/7

INTRODUCTION

Defendant Wilfredo Melendez appeals from a judgment of conviction entered after a jury found him guilty on two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). The jury found not true the allegations of great bodily injury (id., § 12022.7, subd. (a)) and commission of the crimes for the benefit of a criminal street gang (id., § 186.22, subd. (b)(1)(C)). The trial court sentenced Melendez to state prison for a term of five years. Melendez argues on appeal that the trial court erred in refusing to instruct the jury on self-defense. We conclude the evidence did not warrant such an instruction and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Crimes On the evening of September 1, 2010 Luis Godina was driving a light brown Honda north on 12th Avenue toward Venice Boulevard in Los Angeles, heading to the hardware store. He had four male passengers, including Edwin Bernal, who was sitting directly behind Godina. Godina‟s window was half-open; the other windows were closed. The rear windows and windshield were tinted. Godina stopped at a stop sign at Venice Boulevard. As Godina waited for traffic to clear so he could make a left…