California, United States of America
The following excerpt is from People v. Allen, 2d Crim. No. B281039 (Cal. App. 2019):
Appellant did not object when the court instructed the jury with CALCRIM No. 3472, stating "[a] person does not have the right to self-defense if he or she provokes a fight or quarrel with the intent to create an excuse to use force." He now argues that it misstates the law. We again disagree. CALCRIM No. 3472 "is a correct statement of law." (People v. Eulian (2016) 247 Cal.App.4th 1324, 1334.) At most, it "might require modification in the rare case in which a defendant intended to provoke only a nondeadly confrontation and the victim responds with deadly force." (Ibid.) No such modification of the instruction was needed here.
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