Iraheta

A jury found defendant and respondent Carlos Miguel Iraheta guilty of shooting at an occupied motor vehicle in violation of Penal Code section 246. 1 Before sentencing, Iraheta moved for a new trial on several grounds, including that the trial court had erred by declining to instruct the jury on imperfect self-defense in relation to the section 246 charge. The trial court concluded it had committed instructional error, and granted Iraheta’s motion. Plaintiff and appellant the People of the State of California appeal the trial court’s ruling. In the published portion of this opinion, we agree with the People that the court properly declined to instruct on imperfect self-defense on the charge of shooting at an occupied motor vehicle, and therefore its ruling granting a new trial was an abuse of discretion. In the unpublished portion, we conclude that the other grounds raised in the new trial motion do not support the trial court’s ruling. Accordingly, we reverse the trial court’s order and remand for further proceedings.

*614 FACTUAL AND PROCEDURAL BACKGROUND

1. Facts

A. People’s evidence

Viewed in accordance with the usual rules governing appellate review, the evidence…