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Name: People v. Viramontes
Case #: B143288
District 2 DCA
Division: 7
Opinion Date: 11/21/2001
Subsequent History: Rehg. denied 10/23/01.

Based upon conflicting evidence presented (it was possible a shot which had been accidentally fired by someone other than the victims grazed appellant’s jacket, and appellant mistook the shot as coming from the victims), it was prejudicial error for the court to omit instructions on imperfect self-defense. Also, the error was not invited by defense counsel because his agreement with the court’s reasoning for withdrawing the instruction could not be said to have caused the court to withdraw it.