People v. Castellano

Defendant, age 34 and mentally retarded, was convicted after bench trial of first-degree murder and 2 counts of aggravated battery, and sentenced to total of 32 years. On appeal, Defendant asks court to reduce his murder conviction to 2nd-degree murder, arguing that he proved by preponderance of evidence a mitigating factor, that he had actual, although unreasonable, belief in the need to act with deadly force to defend himself and another. A rational trier of fact could have reached the same conclusion, that Defendant failed to prove his claim of imperfect self-defense, and thus refused to reduce murder charge to second-degree murder. Defendant made conflicting statements, and trial court did not believe Defendant's testimony, and concluded that Defendant did not act out of any belief that self-defense was necessary.(REYES and McBRIDE, concurring.)