People v. Matador CA5

INTRODUCTION

Defendant Jose Luis Matador appeals from convictions for attempted murder and participation in a criminal street gang with related gun use and gang enhancements. Matador relied on a self-defense theory at trial. The trial court instructed the jury with perfect self-defense instructions, but did not instruct the jury on imperfect self-defense or attempted voluntary manslaughter. Matador contends it was error for the trial court not to give an instruction on imperfect self-defense. We disagree and affirm the judgment.

PROCEDURAL BACKGROUND

On May 21, 2013, a jury found Matador guilty of attempted murder. (Pen. Code,1 §§ 664, 187, subd. (a), count 1). The jury found true special allegations that Matador premeditated the commission of the offense, committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), and personally used a firearm in the commission of the offense (§§ 12022.53, subds. (b), (c), 12022.5, subd. (a)(1)). The jury also found Matador guilty of participation in a criminal street gang (§ 186.22, subd. (a), count 2) and found true a special allegation that Matador personally used a gun during the commission of the offense (§…