CC 3428 Too Narrowly Limits Jurors’ Use of Mental State Evidence
July 11th, 2016
In People v. Townsel (2016) 63 C4th 25, the jury was instructed with a version of CJ 3.32 which provided as follows: “Evidence has been received regarding a mental defect or mental disorder of the defendant, Anthony Townsel at the time of the crime charged in Counts 1 and 2. You may consider such evidence […]
Tags: CC 3428, Defense Theory: Mens Rea/Intent, Intent, Mens Rea
GBI: Intent To Inflict GBI Not Required
May 30th, 2014
People v. Poroj (2011) 190 Cal. App. 4th 165, 168, upheld CC 3160, finding that the instruction correctly explained that the enhancement for personally inflicting great bodily injury in PC § 12022.7, “does not require a showing of intent to inflict GBI, separate or apart from the intent required to commit the felony or attempted […]
Tags: CC 3160, GBI, Intent, Mens Rea