Eulian

Introduction, Facts, the portion of the opinion entitled “Limitation on Self-Defense under CALCRIM No. 3472,” and Disposition are certified for publication.

INTRODUCTION

Following a hung jury and mistrial, a second jury convicted defendant and appellant Ian Eulian in count 1 of battery with serious bodily injury (Pen. Code, § 243, subd. (d)),1 and in count 2 of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)), with a finding that defendant personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). Defendant was placed on probation for a period of three years on various terms and conditions, including 180 days in county jail. Defendant contends the judgment should be reversed for the following reasons: (1) the trial court committed prejudicial error by allowing a detective to express opinions that defendant and defendant’s mother were lying about the charged incident based on the detective’s observation of a video recording of the event; (2) it was prejudicial error to instruct the jury pursuant to CALCRIM No. 3472 (“Right to Self-Defense: May Not Be Contrived”) because the instruction misstates the law of self-defense as…