People v. Hardin

In People v. Hardin (2000) 85 Cal. App. 4th 625, 102 Cal. Rptr. 2d 262, the defendant ingested cocaine and became involved in an altercation with his cousin. The defendant ran into the house of a 79-year-old woman ( id. at p. 627) and she threatened him with a hammer ( id. at p. 631-632). When the police arrived, he hit the woman with the hammer causing her death. ( Id. at pp. 627-628.) On appeal he contended the language of CALJIC No. 5.17 was prejudicial to his claim of imperfect self-defense. (Hardin at p. 632.) He reasoned that in entering the woman's house, he committed only a trespass. She responded with deadly force. Therefore, he reasoned, he did not forfeit his right to self-defense. (Ibid.) The court rejected this reasoning, because the woman was entitled to use force to evict defendant. ( Id. at pp. 633-634.) Thus, the defendant had a duty to retreat; the woman did not. Her use of force was privileged; his was not. Therefore, he was not defending himself against a criminal attempt to take his life. (Ibid.)