Tag Archives: Defense Theory Instructions


Grossly Negligent Shooting Of Firearm: Defense Theory Of Belief That Gun Was Unloaded
March 30th, 2014

    If the defendant actually believed that the firearm he or she discharged was unloaded, the defendant has not violated this statute. (People v. Robertson (2004) 34 Cal. 4th 156.) However, Robertson was overruled in People v. Chun (2009) 45 Cal. 4th 1172, as follows:   To avoid the anomaly of putting a person […]


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CC 626 Is Equivalent To CJ 8.47
January 30th, 2014

  People v. Carlson (2011) 200 Cal. App. 4th 695, 706, observed that CJ 8.47 was similar to CC 626, and that CJ 8.47 was approved by People v. Whitfield (1994) 7 Cal. 4th 437, 454.


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Voluntary Intoxication Resulting in Unconsciousness Instruction Not Applicable To Second Degree Murder Due To Drunk Driving
January 20th, 2014

  People v. Ferguson (2011) 194 Cal. App. 4th 1070, 1082, held that although voluntary intoxication resulting in unconsciousness will normally reduce second degree murder to involuntary manslaughter, it does not do so in the context of drunk driving because the manslaughter statute states it is inapplicable “to acts committed in the driving of a […]


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CC 3406 Mistake Of Fact As Defense Theory: Not Required Sua Sponte
January 10th, 2014

  The trial judge does not have a sua sponte duty to instruct on mistake of fact. (People v. Lawson (2013) 215 Cal. App. 4th 108.)


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