Filed 12/22/05 P. v. Rivera CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE,
Plaintiff and Respondent,
v.
FRANCISCO RAMIRO RIVERA,
Defendant and Appellant.
|
F046938
(Super. Ct. No. 1074185)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Stanislaus County. Marie Sovey Silveira, Judge.
Kathryn G. Streem, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, J. Robert Jibson and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
A jury convicted appellant Francisco Rivera of attempted voluntary manslaughter (Pen. Code, §§ 192, subd. (a); 664),[1] assault with a deadly weapon (§ 245, subd. (a)(1)) and mayhem (§ 203), and found true allegations that appellant personally inflicted great bodily injury (§ 12022.7, subd. (a)) in committing the attempted manslaughter and assault offenses. In a separate proceeding, the court found true allegations that appellant had served three separate prison terms for prior felony convictions (§ 667.5, subd. (b)). The court imposed a prison term of nine years.
On appeal, appellant contends the trial court erred in (1) failing to instruct the jury that an unreasonable but genuine belief in the need for self-defense negates the mental state required for mayhem and (2) refusing a defense request that the court instruct the jury on simple battery and simple assault as lesser included offenses of mayhem. We will affirm.
FACTS
Prosecution Case
On April 9, 2004, appellant went to the apartment of April Bulmer, his former girlfriend, to visit Bulmer's five-year-old daughter, Destiny.[2] While appellant was at Bulmer's apartment, Bulmer's neighbors, Christa Pollex and her fiancé, James Wells, arrived. At some point, while appellant, Wells, Pollex and Destiny were in the living room, Wells pinched Pollex on the buttocks. Appellant told Wells not to â€
| Description | Criminal decision relating to the imperfect self defense. |
| Rating |
