Ceja

— Leopoldo Ceja appeals from judgment entered following a jury trial in which he was convicted of second degree murder and exhibiting a firearm. (Pen. Code, §§ 187, subd. (a), 417, subd. (b).) The jury found that in connection with the murder, Ceja caused great bodily injury and death by discharging a firearm from a motor vehicle within the meaning of Penal Code section 12022.55, and that he personally used a firearm within the meaning of Penal Code section 12022.5, subdivision (a). Ceja contends the trial court committed several instructional errors which were prejudicial, and *82 that it prejudicially erred in allowing the preliminary hearing testimony of a witness to be read to the jury.

Statement of Facts and Procedural History

On March 8, 1992, Joe Avila was on the southeast corner of Alondra and Tamarind talking on the phone when defendant approached and asked where he was from. 1 Defendant said, “fuck the ‘70s and stuff,” and Avila responded that he didn’t “bang.” Avila rode his bike around the comer and defendant followed, driving a blue Escort. When Avila stopped, defendant pointed a gun at him and said he was going to kill him. Avila did not have a gun or any…

— I wholeheartedly concur in the judgment and my colleagues’ holding on the imperfect self-defense issue — so far as it goes. I write separately solely to register my view a trial court must also instruct on *89 “imperfect self-defense” whenever it determines a “perfect self-defense” instruction is appropriate. In explaining my reasons, it will be helpful to begin with self-defense, both the perfect and imperfect varieties.

California Penal Code section 197, subdivision 3 makes the killing of a person justifiable if committed “. . . when there is reasonable ground to apprehend a design ... to do some great bodily injury, and imminent danger of such design being accomplished; . . .” (1 Witkin & Epstein, Cal. Criminal Law (2d ed. 1988) Defenses, § 241, p. 277; CALJIC No. 5.12; People v. McDonnel (1949) 94 Cal.App.2d 885 [ 211 P.2d 910 ].) When this “actual” and “reasonable” belief exists it constitutes an absolute defense, relieving the defendant of criminal responsibility for the homicide.

As the majority explains, the courts also have recognized a related mental state which reduces, but does not eliminate, the defendant’s culpability. It is usually called “imperfect…

Leopoldo Ceja appeals from judgment entered following a jury trial in which he was convicted of second degree murder and exhibiting a firearm. (Pen. Code, §§ 187, subd. (a), 417, subd. (b).) The jury found that in connection with the murder, Ceja caused great bodily injury and death by discharging a firearm from a motor vehicle within the meaning of Penal Code section 12022.55, and that he personally used a firearm within the meaning of Penal Code section 12022.5, subdivision (a). Ceja contends the trial court committed several instructional errors which were prejudicial, and that it prejudicially erred in allowing the preliminary hearing testimony of a witness to be read to the jury.

On March 8, 1992, Joe Avila was on the southeast corner of Alondra and Tamarind talking on the phone when defendant approached and asked where he was from. [1] Defendant said, "fuck the `70s and stuff," and Avila responded that he didn't "bang." Avila rode his bike around the corner and defendant followed, driving a blue Escort. When Avila stopped, defendant pointed a gun at him and said he was going to kill him. Avila did not have a gun or any other type of weapon and said…