Vasquez

Vicente Vasquez appeals from the judgment following his conviction of second degree murder. Because the court refused to instruct the jury on imperfect self-defense, we reverse and remand for retrial.

FACTS AND PROCEDURAL HISTORY

Vicente Vasquez was charged with murdering his cousin, Ramon Arechiga. He pleaded not guilty and was tried by jury. At trial, one of appellant’s cousins testified during the People’s case-in-chief that appellant admitted he killed Arechiga. According to the cousin, appellant said he invited Arechiga to a party, where appellant asked Arechiga to join him and some of appellant’s friends in a nearby alley. In the alley, appellant, who was confined to a wheelchair, confronted Arechiga about Arechiga’s reportedly having raped appellant’s deceased younger brother years earlier. Reacting to appellant’s accusation, Arechiga lunged at appellant and began to choke him. In response, appellant pulled out a gun and repeatedly shot Arechiga, killing him.

The jury acquitted appellant of first degree murder, but convicted him of murder in the second degree. The court sentenced appellant to state prison for 40 years to life. This appeal…