People v. Queseda CA2/7, B260485

Quesada was convicted of attempted voluntary manslaughter and assault with a deadly weapon after a party fight with Canales.
There were competing eyewitness accounts: Canales claimed a first punch; Yadao and Villatoro described Canales taking a headlock and Canales being stabbed with a possible screwdriver.
A screwdriver was found in Quesada’s car; a physician testified the wounds were not consistent with screwdriver stabbing.
Quesada, self-represented, moved for a new trial and argued for jury instructions on self-defense and mutual combat, which the court refused.
The trial court sentenced Quesada to 15 years; on appeal, the court reversed the judgment due to instructional error on self-defense.
The appellate court concluded substantial evidence supported a self-defense theory and that the failure to instruct was not harmless.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred by not instructing on self-defense	Quesada: substantial evidence supported self-defense.	People: no entitlement to self-defense instruction given initial aggression.	Error reversible; improper refusal to instruct requires reversal

People v. Vasquez, 136 Cal.App.4th 1176 (Cal. Ct. App. 2006) (imperfect self-defense cases when initial aggression occurs)
People v. Quach, 116 Cal.App.4th 294 (Cal. Ct. App. 2004) (stop-fighting requirements for mutual combat defenses)
People v. Frandsen, 196 Cal.App.4th 266 (Cal. Ct. App. 2011) (deadly force; mutual combat standards in self-defense)
People v. Johnson, 180 Cal.App.4th 702 (Cal. Ct. App. 2009) (self-defense instruction in mutual combat context)
People v. Breverman, 19 Cal.4th 142 (Cal. 1998) (standard for evaluating defense instructions and substantial evidence)