PEOPLE v. MONTES, f040612,f040618
Conviction reversed where the court erred in instructing the jury that the crime of attempted voluntary manslaughter may be committed by a perpetrator who "either intended to kill the victim, or acted in conscious disregard for life," because intent to kill is an element of the crime of attempted voluntary manslaughter. (Modified opinion)
- Decided 11/26/2003
- Published 11/26/2003
- California Court of Appeal
- For Appellees:
- Patricia L. Watkins, Half Moon Bay, under appointment by the Court of Appeal, for Defendant and Appellant Anthony Ralph Montes., Larry L. Dixon, Jackson, under appointment by the Court of Appeal, for Defendant and Appellant Rutin Pablo Herrera., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, J. Robert Jibson and Janine R. Busch, Deputy Attorney General, for Plaintiff and Respondent.