Sekona

People v. Sekona

Caution
1994 Cal. App. LEXIS 803·27 Cal. App. 4th 443·32 Cal. Rptr. 2d 606·94 Daily Journal DAR 10910·94 Cal. Daily Op. Serv. 6006
Court of Appeal of CaliforniaAugust 3, 1994B077329California6,417 words

Opinion

Opinion

Turner, J.

I. Introduction

Defendant, Vaimoe Sekona, appeals from his convictions of mayhem (Pen. Code, § 203) and assault with great bodily injury and with a deadly weapon (§ 245, subd. (a)(1)); plus findings he used a deadly weapon (§ 12022, subd. (b)) and had previously been convicted of a serious felony. (§ 667, subd. (a).) Defendant contends the trial court committed reversible error in failing to instruct sua sponte that an honest but unreasonable belief in the need for self-defense negated the malice required for a mayhem conviction. We disagree and affirm the judgment.

II. Facts

On February 15, 1993, Viliami Koloamatangi attended a party at a friend’s home where he met three younger women, Talena Loketi, Evalani Sekona, and Barbara Tenifa. Mr. Koloamatangi drank one 40-ounce beer at the party. Mr. Koloamatangi and the three women left the party and rode around in his uncle’s car for a number of hours. At about 5 or 6 p.m., Mr. Koloamatangi drove to defendant’s house because Ms. Loketi wanted to get some clothes that were in the residence. Mr. Koloamatangi parked the car across the street from defendant’s home. Ms. Loketi and Ms. Sekona, who was defendant’s cousin, got out…

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