California, United States of America
The following excerpt is from People v. Salas, A138588 (Cal. App. 2016):
Nor would an investigation, an instruction, or argument regarding voluntary intoxication have affected appellant's conviction for possession of a firearm by a felon, given that it is a general intent crime. (See People v. Atkins (2001) 25 Cal.4th 76, 81 ["Evidence of voluntary intoxication is inadmissible to negate the existence of general criminal intent"]; see also People v. Jeffers (1996) 41 Cal.App.4th 917, 922 [no specific criminal intent is required for offense of possession of a firearm by a felon; "general intent to commit the proscribed act is sufficient to sustain a conviction"].)
Furthermore, for all of the reasons already discussed, appellant's claim of cumulative error does not require reversal of the entire judgment. (See People v. Hill (1998) 17 Cal.4th 800, 844.)
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Appellant's conviction for first degree murder and the felony-murder special-circumstance true finding are reversed. The judgment is otherwise affirmed.26
/s/_________
Kline, P.J.
We concur:
/s/_________
Stewart, J.
/s/_________
Miller, J.
Footnotes:
1. All further statutory references are to the Penal Code unless otherwise indicated.
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