People v. Temple

Summary

The California Court of Appeal affirmed Andrew Christian Temple’s conviction for second degree murder arising from the stabbing death of David Deschepper. The court held that any instructional error concerning mental-disorder evidence and imperfect self-defense was harmless, that CALCRIM No. 225 was properly given instead of CALCRIM No. 224, and that the trial court properly denied a continuance to locate a material witness.

Holdings

1. Any possible error in giving CALCRIM Nos. 571 and 3428 without expressly telling the jury that mental-condition evidence could be considered in evaluating imperfect self-defense was harmless because there was no reasonable probability that an expressly supplemented instruction would have changed the verdict.
2. A defendant who has an actual but unreasonable belief in imminent danger may not invoke imperfect self-defense if the defendant uses more force than reasonably necessary to repel the attack or continues using force after the danger no longer exists or is no longer reasonably believed to exist.
3. The trial court did not err by giving CALCRIM No. 225 because the defendant's intent or mental state was the only element of the charged offense that rested substantially on circumstantial evidence.
4. The trial court did not abuse its discretion by denying Temple's requests for an indefinite continuance because counsel did not show where the witness was or that she would be available to testify within a reasonable time.

Questions Presented

1. Whether the jury instructions on imperfect self-defense and consideration of mental disease, defect, or disorder were erroneous because they did not expressly state that mental-condition evidence could be considered in determining imperfect self-defense.
2. Whether the trial court erred or violated Temple's constitutional rights by giving CALCRIM No. 225 rather than CALCRIM No. 224.
3. Whether the trial court abused its discretion by denying Temple's motions to continue trial so counsel could locate material witness Amanda Ardrey.

Disposition

affirmed