People v. Jackson

Opinion

LUI, J.

The major question in this appeal requires us to determine whether the legislative provisions set forth in Penal Code sections 28 and 29, which limit the scope of psychiatric testimony and abolish the defense of diminished capacity, 1 deprived appellant of a fair trial. We hold that these provisions are constitutional. We modify and affirm the judgment of conviction and remand the matter for resentencing for the reasons indicated below.

Factual Background

The circumstances of the crime are not in dispute. On January 26, 1981, appellant Arthur Richard Jackson saw the film…