Elize

Defendant Passage Elize worked as an armed security guard at a food market. He was apparently romantically involved with two women simultaneously, one of whom was or had been pregnant with his child. Both women were physically larger than defendant. The women came to defendant’s place of work together, and a violent altercation followed. At the conclusion of the altercation, defendant had a broken wrist and one shot had been fired from defendant’s handgun. At a jury trial defendant was convicted of assault with a firearm on one woman (Pen. Code, § 245 subd. (a)(2)) and battery of the other (Pen. Code § 242.) In addition, the jury found true an allegation that defendant personally used a firearm within the meaning of section 12022.5. The trial court sentenced defendant to the low term of 2 years for the assault with a firearm, the upper term of 10 years for the firearm use, a concurrent term of 18 months for the battery, and ordered a $10,000 payment to the state Victims’ Restitution Fund plus $25 to one woman for a shirt that was perforated by the bullet.

Defendant now appeals on several grounds. One of these grounds is that the trial court refused to give instructions…