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PEOPLE v. CABONCE

No. A117286.

169 Cal.App.4th 1421 (2009)

THE PEOPLE, Plaintiff and Respondent, v. JERRY LARIOSA CABONCE, Defendant and Appellant.

Court of Appeals of California, First District, Division Five

January 9, 2009

Attorney(s) appearing for the Case

Michael J. Hersek, State Public Defender, and Craig Buckser, Deputy State Public Defender, under appointments by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Stan Helfman and Sharon G. Birenbaum, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

NEEDHAM, J.

Jerry Lariosa Cabonce (Cabonce) appeals from a judgment of conviction and sentence imposed after a jury found him guilty of multiple offenses and rejected his defense of insanity. Challenging only the sanity finding, Cabonce contends the court's response to an inquiry by the jury during deliberations improperly suggested that his insanity defense could be rejected if Cabonce's insanity was caused in part by his intoxication...

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