California Court of Appeal

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People v. Soto, 041615

Conviction for second degree murder and first degree burglary arising from a fatal knife fight after defendant forcibly entered the victim's apartment is affirmed where: 1) the trial court erred by refusing to instruct the jury on voluntary intoxication because Penal Code section 29.4 expressly allows for its consideration when an imperfect self-defense theory turning on express malice is involved, but the error was not prejudicial; and 2) defendant's pretrial statements to police were no admissible and defense counsel's failure to seek their admission was not ineffective assistance of counsel.

Appellate Information

  • Decided
  • Published 2016/06/30

Judges

  • MARQUEZ

Court

  • California Court of Appeal

Counsel