People v. Pena
Appellate Division of the Superior Court of California
1Opinion of the Court
Opinion
BERNSTEIN, J.
Appellant, Russell David Pena, appeals his conviction for violation of former Vehicle Code section 23102, subdivision (a)1, driving under the influence of intoxicating liquor. Appellant contends the trial court erred in refusing his preferred jury instruction regarding appellant’s theory of his defense. That theory was predicated on the presumed availability of what is generally termed the defense of duress.2 We hold that the defense was indeed available to appellant, and that the evidence adduced at trial mandated a jury instruction on the subject. Accordingly, we reverse…
2Cases cited20 opinions
- United States v. BaileySupreme Court of the United States · 1980
- People v. SedenoCalifornia Supreme Court · 1974
- Tatum v. United StatesCourt of Appeals for the D.C. Circuit · 1951
- People v. LovercampCalifornia Court of Appeal · 1974
- United States v. Clyde Eugene Garner, United States of America v. Lorene Brown, United States of America v. Dennis Dwayne GarnerCourt of Appeals for the Sixth Circuit · 1976
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3Cited by28 opinions
- Toops v. StateIndiana Court of Appeals · 1994
- People v. HeathCalifornia Court of Appeal · 1989
- People v. ThomasCalifornia Court of Appeal · 1988
- Stodghill v. StateMississippi Supreme Court · 2005
- State v. HudginsCourt of Appeals of North Carolina · 2005
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