(Super. Ct. No. 08F09380)
The opinion of the court was delivered by: Mauro , J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Jacob Godwin David was convicted of attempted murder, inflicting corporal injury on the mother of his child, threatening to commit a crime that would result in death or great bodily injury, and assault with a deadly weapon. He contends on appeal that the trial court committed prejudicial error by failing to instruct sua sponte on the defense of accident.
We conclude there was no error. A recent decision of the California Supreme Court holds that in circumstances like this a trial court has no duty to instruct on accident sua sponte. We will affirm the judgment.
Defendant lived in a Sacramento apartment with Jessica Smith and their one-year-old son. The relationship ended in October or November 2008, but they decided to stay in the apartment until the lease expired in December or January.
Smith began seeing Lamarr Baxter after she broke up with defendant. She told defendant she was seeing Baxter and showed defendant a photo of Baxter.
On November 13, 2008, Smith reported to the police that defendant pushed her down after an argument over custody of their son. Smith applied for a temporary restraining order and asked for sole custody of their son with no visitation for defendant. She then returned to the apartment and found it had been vandalized. She changed the apartment's locks, but she believed defendant took a key to the new locks without her permission.
Smith and Baxter were inside the apartment on the night of November 16, 2008. After hearing a knock on the front door, Smith turned off the lights and saw defendant through the peephole. Smith then put furniture against the door and told Baxter to hide in the bedroom.
According to Baxter, defendant broke down the front door and entered the apartment while holding a samurai sword. He told Smith to sit on the couch and asked, "Where is that bitch nigga at?"*fn1 Defendant turned the hall light on at some point. Baxter came out of the bedroom and threw up his hands in a submissive position. He started to say he wanted no problems, but defendant stabbed him in the abdomen. After Baxter grabbed the sword with his hands, defendant pulled the blade out of Baxter's abdomen.
Baxter collapsed, bleeding. Smith tried to run for help, but defendant grabbed her by the hair, slammed her to the floor, and kicked her several times. Defendant then told Baxter to get up. When Baxter said he could ...