PEOPLE v. PADILLA

No. F037946.

126 Cal.Rptr.2d 889 (2002)

103 Cal.App.4th 675

The PEOPLE, Plaintiff and Respondent, v. Raymond T. PADILLA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Rehearing Denied December 9, 2002.

Review Denied January 22, 2003.


Attorney(s) appearing for the Case

Gordon S. Brownell, St Helena, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Stan Cross and Patrick J. Whalen, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GOMES, J.

In a murder prosecution, is evidence of a hallucination admissible at the guilt phase to reduce first degree murder to second degree murder or to mitigate murder to voluntary manslaughter? We hold that evidence of a hallucination—a perception with no objective reality—is inadmissible to negate malice so as to mitigate murder to voluntary manslaughter but is admissible to negate deliberation and premeditation so as to reduce...

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