People v. Issac CA5

INTRODUCTION

Donte Timothy Issac was convicted of second degree murder and felony child abuse. He argues this court should revisit the California Supreme Court’s ruling in People v. Elmore (2014) 59 Cal.4th 121 (Elmore) and find that imperfect self-defense may be based on a purely delusional belief of the need to defend oneself. Appellant further argues there is insufficient evidence to support the felony child abuse conviction, and there is insufficient evidence to support the trial court’s finding that appellant’s prior conviction for discharging a firearm in a grossly negligent manner qualifies as a prior strike and serious felony enhancement. We reverse the true finding that appellant’s prior conviction for violating Penal Code section 246.31 was a serious felony, vacate the sentence and remand the matter for retrial at the People’s election. The judgment is otherwise affirmed.

PROCEDURAL HISTORY

On April 21, 2022, the Kern County District Attorney filed an amended information charging appellant with willful, deliberate, and premeditated murder (§ 187; count 1), and felony child abuse (§ 273a, subd. (a); count 2). The district attorney further alleged appellant personally…