PEOPLE v. SAILLE

Docket No. S016721.

54 Cal.3d 1103 (1991)

820 P.2d 588

2 Cal. Rptr.2d 364

THE PEOPLE, Plaintiff and Respondent, v. MANUEL DE JESUS SAILLE, Defendant and Appellant.

Supreme Court of California.

December 12, 1991.


Attorney(s) appearing for the Case

COUNSEL

Richard L. Phillips, Mark E. Cutler and Bradley A. Bristow, under appointments by the Supreme Court, for Defendant and Appellant.

Fiedler, Gardner & Derham, Cliff Gardner, Elaine A. Alexander, Martin Buchanan and Madeline McDowell as Amici Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart and George Williamson, Chief Assistant Attorneys General, Arnold O. Overoye, Assistant Attorney General, Jane N. Kirkland, W. Scott Thorpe and Janet Neeley Kvarme, Deputy Attorneys General, for Plaintiff and Respondent.

John J. Meehan, District Attorney (Oakland), Thomas J. Orloff, Chief Assistant District Attorney, Kent S. Scheidegger and Charles L. Hobson as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

PANELLI, J.

We granted review in this case to resolve a conflict among the Courts of Appeal regarding the impact of legislation abolishing diminished capacity on the crime of voluntary manslaughter. Specifically, the issue is whether the law of this state still permits a reduction of what would otherwise be murder to nonstatutory voluntary manslaughter due to voluntary intoxication and/or mental disorder.

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