Aris
People v. Aris
Opinion
Opinion
Campbell, J.
A jury convicted the defendant of second degree murder of her husband in August 1986. (Pen. Code, §§ 187, 189.) The jury also found that the defendant personally used a firearm. (§ 12022.5.) Defendant was sentenced to 15 years to life, and the firearm use enhancement was stayed.
Defendant contends that the trial court erred: (1) in excluding expert testimony that the defendant was a battered woman and how that affected her mental condition at the time of the killing; (2) in refusing to instruct the jury on self-defense; (3) in instructing the jury on unreasonable self-defense and refusing to give three pinpoint instructions on that issue; (4) in instructing the jury about “heat of passion” and “cooling off”; and (5) in excluding evidence of the victim’s violent character. Defendant also asserts as grounds for reversal prosecutorial and juror misconduct.
I
Facts
The defendant testified that her husband had beaten her, often severely, and that she had left him many times during their 10-year relationship. By a mixture of threats and cajoling, he invariably convinced her to take him back. Numerous witnesses for the defense testified to the beatings.