California Court of Appeal

In a prosecution for conspiracy to commit murder and solicitation to commit murder, it is held that: 1) the trial court erred by failing to give the CALCRIM No. 3428 mental disorder instruction, where the expert testimony of the defendant's mental disorder of Asperger's Syndrome, in conjunction with the remaining evidence, was at least substantial on the issue of his actual formation of the specific mental state that was an element of the charged solicitation and conspiracy offenses; but 2) the error was not prejudicial and did not require reversal of the conspiracy or solicitation convictions.

Appellate Information

• Decided 04/30/2012
• Published 04/30/2012

Judges

• Dondero

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Philip M. Brooks, Julia Y. Je