People v. Aris

In People v. Aris (1989) 215 Cal. App. 3d 1178, defendant shot her abusive husband five times in the back while he was asleep because he had beaten her earlier that evening and she believed from past experience that "'it would be worse when he woke up.'" ( Id. at p. 1185.) Her second degree murder conviction was affirmed. In relevant part, the reviewing court upheld the trial court's refusal to instruct on perfect self-defense, holding that no reasonable jury could have concluded that "a sleeping victim presents an imminent danger of great bodily harm, especially when the defendant was able to, and actually did, leave the bedroom, and subsequently returned to shoot him." ( Id. at p. 1192.)