P.

P. v. Rucker CA2/7

Good Law
Court of Appeal of CaliforniaMay 21, 2013B237359California4,594 words

Opinion

Opinion

Zelon, J.

DISCUSSION

I. CALCRIM No. 505

Rucker contends that the trial court erred when it gave CALCRIM No. 505, the instruction on justifiable homicide in self defense or defense of another, without bracketed language in the instruction concerning threats to the defendants from others reasonably associated with the decedent. Rucker contends that the trial court should have included this language: “If you find that the defendant received a threat from someone else that he reasonably associated with Youngblood, you may consider that threat in deciding whether the defendant was justified in acting in self-defense.” The court was the first to raise the question of which, if any, of the various bracketed passages in CALCRIM No. 505 was appropriate here. The court specifically noted, “I have a question mark as to” the language about threats from someone associated with the victim, and said, “I‟ll stand to be corrected, but I can‟t find it in my notes or in my mind that evidence has been presented.” Defense counsel spoke with Rucker, asked to come back to the issue later, and then said, “I can‟t think of anything at this moment right now. If I do, I‟ll let the court know.” The court said,…

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