P. v. Merchant
A jury found defendant and appellant JeCarr Merchant (hereinafter defendant) guilty of criminal threats (Penal Code,[1] 422; count 1), and felon in possession of a firearm, to wit, a handgun. ( 12021, subd. (a); count 2.) The jury also found that defendant, in the commission of the offense charged under count 1 of the information, did not personally use a firearm. ( 12022.5, subds. (a)(1) & 1192.7, subd. (c)(8).) The court sentenced defendant to four years and eight months in state prison.
Defendant raises various claims of error. First, he contends that the judgment of guilt should be reversed because the trial court refused to give jury instructions on self defense. He maintains that the victim was the initial aggressor and that defendant uttered threats in self defense. Court find that an instruction on self defense was not supported by substantial evidence.
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