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PEOPLE v. ATKINS

No. S082662.

104 Cal.Rptr.2d 738 (2001)

25 Cal.4th 76

18 P.3d 660

The PEOPLE, Plaintiff and Respondent, Robert Nelson ATKINS, Defendant and Appellant.

Supreme Court of California.

March 12, 2001.

Attorney(s) appearing for the Case

Victor Blumenkrantz, Berkeley, under appointment by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Robert R. Anderson, Assistant Attorney General, Mathew Chan, Carlos A. Martinez and Kelly E. LeBel, Deputy Attorneys General, for Plaintiff and Respondent.

Kent S. Scheidegger and Charles L. Hobson, for Criminal Justice Legal Foundation as Amicus Curiae on behalf of Plaintiff and Respondent.

CHIN, J.

Is evidence of voluntary intoxication admissible, under Penal Code section 22, on the issue of whether defendant formed the required mental state for arson (Pen.Code, § 451)?1 We conclude that such evidence is not admissible because arson is a general intent crime. Accordingly, we reverse the judgment of the Court of Appeal.

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