Legal Opinion

People v. Berg

California Court of Appeal, 5th District

Decided May 25, 2018No. H043511PublishedCited by 3 opinions

1Opinion of the CourtGrover, J.

*961A jury convicted defendant Andrew Marshall Berg of knowingly possessing methamphetamine in the Monterey County Jail ( *962Pen. Code, § 4753.6, subd. (a) ). Defendant argues the trial court abused its discretion by excluding evidence of defendant's voluntary intoxication at the time of his arrest almost two days before the methamphetamine was discovered. Because evidence of voluntary intoxication is inadmissible to negate the presence of general criminal intent ( Pen. Code, § 29.4, subd. (a) ), we will find no prejudicial error. We will modify a clerical error in the abstract of judgment and…

2Cases cited18 opinions

  1. Montana v. EgelhoffSupreme Court of the United States · 1996
  2. People v. HoodCalifornia Supreme Court · 1969
  3. People v. KellyCalifornia Supreme Court · 1992
  4. People v. WinstonCalifornia Supreme Court · 1956
  5. People v. MendozaCalifornia Supreme Court · 1998

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3Cited by3 opinions

  1. (HC) Singh v. California StateDistrict Court, E.D. California · 2024
  2. People v. Roachford CA2/3California Court of Appeal · 2020
  3. People v. SuazoCalifornia Court of Appeal · 2023

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