P. v. Galvez




Filed 4/27/11 P. v. Galvez CA4/3






NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. CEASAR WILLIAM GALVEZ, Defendant and Appellant.

G042619 (Super. Ct. No. 07NF3358) O P I N I O N

Appeal from a judgment of the Superior Court of Orange County, Gary S. Paer, Judge. Affirmed.
Randi Covin, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., and Kamala Harris Attorneys General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil Gonzalez and William M. Wood, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant Ceasar William Galvez challenges his second-degree murder conviction for stabbing the victim 13 times during a fistfight. He contends the court wrongly instructed the jury on the right of the initial aggressor in mutual combat to act in self-defense. He claims insufficient evidence showed he did not act in self-defense. And he asserts insufficient evidence supported a criminal street gang sentence enhancement.
We affirm. The court correctly instructed the jury the initial aggressor in mutual combat must stop fighting before acting in self-defense, unless the counterattack is so â€