Genovese

A jury convicted defendant Michael Robert Genovese of second degree murder in the killing of Douglas Sanford (Pen. Code, § 187; undesignated statutory references are to the Penal Code), rejecting the prosecution’s theory of first degree murder and the defense theory of manslaughter based on imperfect defense of another. The jury also found that defendant personally used a deadly weapon, a knife. (§ 12022, subd. (b)(1).) Sentenced to a prison term of 15 years to life, plus one year for weapon use, defendant claims prejudicial instructional error.

In the published portion of the opinion, we shall review the standard series of CALCRJM homicide instructions given the jury. We shall conclude there was no instructional error.

In the unpublished portion of the opinion, we conclude the trial court did not commit prejudicial error by giving the jury modified versions of CALCRIM Nos. 3471 and 3472.

We shall therefore affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant intervened fatally in a fistfight between the victim and defendant’s stepuncle, Bob Fitch, on January 14, 2006. The People argued defendant planned to kill the victim; defendant testified he was…