Does section 198.5 of the Criminal Code of California apply to a defendant who causes death or great bodily injury within his or her home?

cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred." The court concluded that, just because the presumption in section 198.5 did not apply to the victim, "that does not mean that [the victim] did not have the right to defend himself against a violent attack in his own house ...." (People v. Gleghorn, supra, at pp. 203-204, 238 Cal. Rptr. 82.) The court held that the trial court properly instructed the jury on the victim's right to defend himself. (Ibid.)

In People v. Hardin (2000) 85 Cal. App.4th 625, 102 Cal.Rptr.2d 262, the defendant

[124 Cal.Rptr.2d 267]