People v. Queseda CA2/7

INTRODUCTION

A jury convicted Michael Quesada of attempted voluntary manslaughter, as a lesser included offense of attempted murder, and assault with a deadly weapon. The jury found true the allegations that Quesada personally used a deadly and dangerous weapon (a stabbing instrument) and personally inflicted great bodily injury. (Pen. Code, §§ 12022, subd. (b)(1), 12022.7, subd. (a).)1 In a bifurcated proceeding, Quesada waived his right to a jury trial, and he admitted he suffered a serious or violent felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12), suffered a prior serious felony conviction (§ 667, subd. (a)(1)), and served two prior prison terms (§ 667.5, subd. (b)). Quesada, representing himself, filed a motion for a new trial. The trial court denied his motion for a new trial and his request to continue the sentencing hearing. The court then sentenced Quesada to 15 years in prison. Quesada raises four arguments on appeal. First, he argues that the trial court erred by refusing his request to instruct the jury on self-defense. Second, he contends that the trial court erred in refusing to conduct an evidentiary hearing in…