People v. French

Defendant was convicted, after jury trial, of 1st degree murder. Defendant provided some evidence to support each of the elements of self-defense. In giving the 2nd-degree murder instruction, the court found that Defendant had presented evidence that he had a subjective belief that self-defense was necessary, but then made the determination that such a belief was unreasonable. Jury should have been given the self-defense and 2nd-degree murder instructions so that they had the opportunity to determine whether they believed that Defendant had a subjective reasonable belief that use of force was necessary.  (SCHMIDT and O'BRIEN, concurring.)