People v. Temple

Summary

The California Court of Appeal, Fourth Appellate District, Division Three, modified its published opinion in People v. Temple without changing the judgment. The court affirmed Temple’s conviction for second degree murder and held that any instructional error concerning mental-disorder evidence and imperfect self-defense was harmless. The court also upheld the use of CALCRIM No. 225 and the denial of a continuance to locate a witness.

Holdings

1. A defendant who actually but unreasonably believes he is in imminent danger of death or great bodily injury may not invoke imperfect self-defense if he uses more force than reasonably necessary to repel the attack or continues using force after the danger no longer exists or reasonably appears to exist.
2. Even assuming the trial court should have expressly instructed the jury that it could consider Temple's mental condition in evaluating imperfect self-defense, any error was harmless because the evidence overwhelmingly showed that Temple used excessive force, failed to retreat, and continued stabbing after the danger had ended.
3. The trial court did not err by giving CALCRIM No. 225 because Temple's mental state was the only element of the offense that rested substantially on circumstantial evidence.
4. The trial court did not abuse its discretion by denying Temple's motions for a continuance because he did not show where the witness was or that she would be available to testify within a reasonable time.

Questions Presented

1. Whether the trial court improperly instructed the jury by failing to expressly state that evidence of Temple's mental disorders could be considered in determining imperfect self-defense.
2. Whether any instructional error concerning imperfect self-defense or mental-state evidence was prejudicial.
3. Whether the trial court erred by instructing the jury with CALCRIM No. 225 rather than CALCRIM No. 224 on circumstantial evidence.
4. Whether the trial court abused its discretion by denying Temple's motions to continue trial to locate a material witness.

Disposition

affirmed