Temple

INTRODUCTION

A jury found Andrew Christian Temple not guilty of first degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (a))1 but guilty of the lesser included offense of second degree murder (§ 189, subd. (b)). The jury found to be true the allegations that Temple used a deadly and dangerous weapon—a knife—in the commission of the offense (§ 12022, subd. (b)(1)) and that he personally inflicted great bodily injury on the victim (§ 12022.7). The trial court sentenced Temple to a prison term of 16 years to life. On appeal, Temple contends: (1) the trial court did not correctly instruct the jury that it could consider evidence of his mental disorders in determining whether he acted in imperfect self-defense; (2) the trial court erred by instructing the jury with CALCRIM No. 225 instead of CALCRIM No. 224; and (3) the trial court erred by denying his counsel’s motion for a trial continuance to locate a material witness. We affirm. As to the first contention, the trial court instructed the jury with CALCRIM No. 571 (imperfect self-defense) and CALCRIM No. 3428 (consideration of evidence of a mental disease, defect, or disorder). Temple argues those instructions were erroneous…