P. v. Jordan
A jury convicted defendant Earl Emerson Jordan of murder under Penal Code section 187, subdivision (a) (count 1); burglary under section 459 (count 2); robbery under section 211 (count 3); grand theft of a firearm under section 487, subdivision (d)(2) (count 4); and unlawful driving or taking a vehicle under Vehicle Code section 10851, subdivision (a) (count 5). The jury also made true findings that the murder charged in count 1 occurred during the course of a first degree residential burglary or robbery under section 190.2, subdivision (a)(17) and that defendant personally used a deadly and dangerous weapon during the course of all his offenses under section 12022, subdivision (b)(1). The jury acquitted defendant of the charge of assault with a deadly weapon under section 245, subdivision (a)(1) (count 6). The trial court sentenced defendant to state prison for the determinate sentence of four years, followed by a consecutive indeterminate sentence of life without the possibility of parole. On appeal, defendant contends that the trial court erred in refusing defendants request for jury instructions on self defense and lesser included offenses of second degree murder and manslaughter. For the reasons set forth below, Court affirm the judgment.
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