Watie
People v. Watie
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…