Watie

People v. Watie

Good Law
100 Cal. App. 4th 866·124 Cal. Rptr. 2d 258·2002 Cal. App. LEXIS 4459·2002 Daily Journal DAR 8579·2002 Cal. Daily Op. Serv. 6863
Court of Appeal of CaliforniaJuly 30, 2002C035402California6,562 words

Opinion

Opinion

Hull, J.

A jury convicted defendant Antoine Nathaniel Watie of voluntary manslaughter and found true the allegation he personally used and discharged a firearm during the course of that crime, causing the victim great bodily injury. (Pen. Code, §§ 192, subd. (a), 12022.5, subd. (a)(1), 12022.53, subd. (d); further undesignated statutory references are to the Penal Code.) The jury also convicted defendant of discharging a firearm at an inhabited dwelling and personally causing great bodily injury to the victim, James Edward Lee. (§§ 246, subd. (a)(1), 12022.53, subd. (d).)

Defendant contends: (1) the court impermissibly instructed the jurors on defense of property pursuant to CALJIC Nos. 5.40 and 5.42; (2) the court “failed to properly instruct that self-defense applied to” the charge of discharging a firearm at an inhabited dwelling; (3) the court failed to give a mistake of fact instruction; (4) the firearm “enhancement must be reversed because the Legislature did not intend for this particular enhancement” to apply here; (5) “the trial court failed to instruct the jury that the affirmative defense of self-defense applied to the enhancement”; and (6) imposition of the…

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