Does the invited error doctrine apply to the doctrine of imperfect self-defense?

California, United States of America


The following excerpt is from People v. Vallejo, 154 Cal.Rptr.3d 341, 214 Cal.App.4th 1033 (Cal. App. 2013):

In open court, appellant's counsel agreed that the doctrine of imperfect self-defense does not apply to the offense of shooting from a motor vehicle. The People argue that, in view of counsel's agreement, any error that may have occurred was invited. When a defense attorney makes a conscious, deliberate tactical choice to [request or] forego a particular instruction, the invited error doctrine bars an argument on appeal that the instruction was [given or] omitted in error. [Citations.] ( People v. McKinnon (2011) 52 Cal.4th 610, 675, 130 Cal.Rptr.3d 590, 259 P.3d 1186.) We need not determine whether the invited error doctrine applies here because the trial court did not err.

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