People v. Moralez CA3

DISCUSSION

I The Court Properly Refused Defendant’s Pinpoint Jury Instruction Because It Was Duplicative Defendant contends the court erred in refusing his pinpoint instruction, violating his right to due process of law. We disagree because it was duplicative of the self- defense instruction the court gave. A Defendant’s Proposed Pinpoint Instruction Defendant’s proposed pinpoint instruction provided as follows: “Store security or loss prevention officers may only use a reasonable manner to detain a suspected shoplifter. “If you find that the manner in which the loss prevention officers attempted to detain the suspect was not reasonable, then they are acting outside of their legal authority and a suspected person can use such force that is reasonably necessary to avoid assault or injury. “If you find that the suspect used such force as was reasonable under the circumstances, then you must find the defendant not guilty of the robbery and assault allegations in Counts 1 and 2.” B Defendant’s Pinpoint Instruction Was Duplicative The trial court “ ‘may properly refuse an instruction offered by the defendant if it [is] . . . duplicative.’ ” (People v. Bivert (2011) 52 Cal.4th 96,…