P. v. Hampton
Appellant and defendant Charles Richard Hampton was charged with inflicting corporal injury upon a spouse (Pen. Code,[1] 273.5, subd. (a); count 1), dissuading a witness ( 136.1, subd. (a)(2); count 2), assault by means likely to produce great bodily injury ( 245, subd. (a)(1); count 3), false imprisonment ( 236; count 4), and resisting a police officer ( 148, subd. (a)(1); count 5). A jury found him guilty of the lesser included offense of spousal battery ( 243, subd. (e)(1)) in count 1, the lesser included offense of simple assault ( 240) in count 3, and resisting a police officer ( 148, subd. (a)(1)) in count 5. The trial court dismissed count 2, and the jury found him not guilty of count 4. The court granted defendant probation for a period of 48 months. On appeal, defendant contends that the trial court erred in refusing to instruct the jury on the retreat provision of the self defense instruction (CALCRIM 3470). Court affirm.
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