P. v. Lopez CA5
A jury convicted Robert Samson Lopez of first degree murder in connection with the shooting death of his nephew. He was sentenced to 50 years to life in prison. On appeal, Lopez argues that a standard jury instruction on perfect self-defense (CALCRIM No. 505) misstates the law and should not have been given below. He further contends that the trial court neglected a sua sponte duty to explain how provocation can negate premeditation and deliberation. In the alternative, Lopez claims ineffective assistance of counsel based on his trial attorney’s failure to request such an instruction. We find no error, and thus affirm the judgment.
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