People v. Bradt CA1/5

BACKGROUND

We recite only those background facts necessary to our resolution of this appeal. At trial, it was undisputed that appellant killed the victim by stabbing him multiple times. The People presented evidence indicating the victim was not threatening appellant before the stabbing. Appellant testified the victim screamed at him and charged him, appellant thought the victim wanted to kill him, and he was terrified. Appellant also presented expert testimony indicating that, due to childhood lead exposure, trauma, and/or head injuries, he had difficulty distinguishing between neutral and

1 threatening behavior; and that he had schizophrenic spectrum disorder and was having a psychotic episode on the day of the killing. The jury acquitted defendant of first degree murder and convicted him of second degree murder. This appeal followed.

DISCUSSION

Appellant argues the trial court erred in its instruction on mistake of fact. As relevant here, the jury was instructed: “If you find that the defendant believed that he was threatened and if you find that belief was reasonable, he did not have the specific intent or mental state required for Murder.”1 (Italics added.) Appellant…