People v. Williams CA5

INTRODUCTION

Defendant Camper Williams and Edward G. each lived in separate rooms of a garage and adjacent shed behind the residence of defendant’s sister. On June 2, 2020, defendant’s sister found Edward unconsciousness near his shed. Edward had been beaten with a bat, which caused a cut on his head, broken bones in his hand, and cuts on his legs. The jury convicted defendant of assault with a deadly weapon (count 1) and battery causing serious bodily injury (count 2). The trial court granted defendant’s motion to strike his prior serious or violent felony conviction and sentenced defendant to the four- year upper term as to count 1 and a three-year concurrent term as to count 2. Defendant argues that the trial court erred by (1) refusing to modify CALCRIM No. 3472 (Right to Self-Defense: May Not Be Contrived) so as to explain that he would not lose the right to defend himself if he provoked the fight or quarrel intending to use nondeadly force and his victim responded with deadly force; (2) excluding evidence of Edward’s history of alcohol abuse as irrelevant when it was offered to impeach Edward’s credibility and explain his memory loss or, alternatively, counsel was…