Hernandez

Defendant Marcos Murrillo Hernandez was found guilty of assault with a deadly weapon and/or by force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(1).) An enhancement allegation that defendant personally inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a)) was found true. As a result, defendant was sentenced to six years in prison.

Defendant contends the trial court erred by:

We agree that the jury instructions that stated that an original aggressor or mutual combatant must “clearly inform” an adversary of his or her withdrawal in order to claim self-defense were erroneous. Although these instructions were ambiguous, there was at least a reasonable likelihood that the jurors would have misunderstood them to mean that an act of withdrawal itself, no matter how obvious and unequivocal, would be insufficient. Defense counsel, however, invited the error; moreover, the error was harmless, because there was absolutely no evidence that defendant did attempt to withdraw before the assault.

We find no other error. Hence, we will affirm.

I

Factual Background

Victim Randy Rodriguez was staying with his father, Frank Rodriguez, at Frank’s…