P. v. Plascencia
Defendant Jose Plascencia, an inmate at New Folsom Prison, physically fought with Officer Wallace, Lieutenant Ventimiglia and Sergeant Quinn. He claimed he acted in self-defense in response to Wallace’s “sudden aggression†and ensuing actions by other officers. The jury found defendant guilty of one count of battery by a prisoner of a non-confined person (Ventimiglia) and two counts of obstructing an officer in the performance of his duties (Ventimiglia and Quinn). It acquitted him of battery and obstruction of Wallace.
Defendant appeals his conviction, contending the trial court failed to adequately instruct the jury on self-defense. He argues the court had a duty to instruct sua sponte with CALCRIM No. 3470 (3470) and the failure to do so resulted in prejudicial error. As we explain, we disagree and shall affirm.
Comments on P. v. Plascencia