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PEOPLE v. HERING

No. S070514.

84 Cal.Rptr.2d 839 (1999)

976 P.2d 210

20 Cal.4th 440

The PEOPLE, Plaintiff and Respondent, v. Norton HERING et al., Defendants and Appellants.

Supreme Court of California.

May 27, 1999.

Attorney(s) appearing for the Case

Law Offices of Dennis A. Fischer, Dennis A. Fischer and John M. Bishop, Santa Monica, for Defendant and Appellant Norton Hering.

Keith C. Monroe; and Roger S. Hanson, Santa Ana, for Defendant and Appellant Jose Fermin.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Meagan J. Beale, Carl H. Horst, Laura W. Halgren and Frederick B. Clark, Deputy Attorneys General, for Plaintiff and Respondent.

BROWN, J.

In this case we must determine whether Business and Professions Code section 650 and Insurance Code section 750 require instruction on specific intent. In the abstract, both may be characterized as specific intent crimes because in certain circumstances their commission contemplates an intention to bring about future acts. Nevertheless, the conduct proscribed in the statutory definition fully incorporates the requisite mental state. We therefore decline...

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