P. v. Martinez
Defendant Matthew R. Martinez (Martinez) appeals his convictions for attempted murder (Pen. Code, §§ 664, 187)[1] and assault with a deadly weapon (§ 245, subd. (a)). He contends: (1) the trial court erred when it gave an incomplete and/or erroneous instruction regarding when a mutual combatant or initial aggressor can reclaim the right of self-defense; and (2) the People failed to prove malice in the attempted murder count because there was insufficient evidence that he did not act in imperfect self-defense or heat of passion. We find no error and affirm.
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