PEOPLE v. MOORE

No. C036773.

117 Cal.Rptr.2d 715 (2002)

96 Cal.App.4th 1105

The PEOPLE, Plaintiff and Respondent, v. Charles McKinley MOORE, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied May 15, 2002.


Attorney(s) appearing for the Case

Madeline McDowell, under appointment by the Court of Appeal, Sacramento, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, W. Scott Thorpe, Supervising Deputy Attorney General, Peter H. Smith, Deputy Attorney General, for Plaintiff and Respondent.


SIMS, Acting P.J.

In this case involving an attempted willful, deliberate and premeditated murder, we hold that the trial court did not err in refusing a request to instruct on the partial defense of mental disease, defect, or disorder (CALJIC No. 3.32), where defendant elicited no expert testimony that he suffered from a mental disease, defect, or disorder at the time of the offense.

We also hold that substantial evidence supports defendant's conviction for...

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