P. v. Stokke
A jury found defendant John Krestan Stokke not guilty of attempted murder, but guilty of attempted voluntary manslaughter. The jury also found defendant guilty of assault with a deadly weapon and of discharging a firearm with gross negligence. As to the attempted manslaughter and assault convictions, the jury found true special allegations defendant had personally inflicted great bodily injury and had personally used a firearm. As to the manslaughter conviction, the jury also found defendant had personally and intentionally discharged a firearm, which proximately caused great bodily injury.
On appeal, defendant claims (1) trial court error in refusing his requested special jury instruction regarding evidence of the victims assaultive, aggressive or violent acts and (2) ineffective assistance of counsel in defense counsels failure to object to the trial courts giving of CALJIC No. 2.62. Rejecting these claims, Corut affirm the judgment.
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