People v. Steele CA1/2

I. INTRODUCTION

After a several-week jury trial, a Humboldt County jury convicted appellant of one count of second degree murder and one count of making criminal threats. It also found true several special allegations regarding the second degree murder count. Appellant appeals, contending that the trial court erred in instructing the jury with CALCRIM No. 3472, which provides that the right of self defense may not be contrived. We find neither error nor prejudice in the giving of that instruction and hence affirm appellant‟s conviction.

II. FACTUAL AND PROCEDURAL BACKGROUND

Appellant, 23 years old in early 2012, was a native of Eureka who supported himself by selling drugs, and was a friend of the victim, Jerry George, who lived a few blocks away and also dealt drugs and bought cocaine from appellant. After an argument in front of several acquaintances on the night of January 21, 2010,1 appellant pulled out a

1 Unless otherwise stated, all further dates noted are in 2010.

1 .40 caliber gun and shot and killed George in appellant‟s home. The versions of how that shooting occurred and what happened thereafter varied somewhat, and we will summarize those versions. According to…