Lyons

People v. Lyons

Good Law
1 Cal. Rptr. 2d 763·1991 Cal. App. LEXIS 1298·235 Cal. App. 3d 1456·91 Daily Journal DAR 14066·91 Cal. Daily Op. Serv. 9026
Court of Appeal of CaliforniaNovember 13, 1991C008647California2,684 words

Opinion

Opinion

Blease, J.

—The defendant was convicted of robbery, a serious felony (Pen. Code, §§ 211, 1192.7, subd. (CX19) ), and of attempting to dissuade the victim from testifying against him by threat of force or violence (§ 136.1, subds. (a), (b) and (c)(1)). He was also found to have prior convictions for assault with intent to commit robbery (§ 220), attempted rape (§§ 664/261, subd. (2)(3)) and attempted burglary (§§ 664/459). He was sentenced to an aggregate term of 17 years.

Defendant appeals from the judgment. In the published part of this opinion we respond to defendant’s contention that the trial court erroneously instructed the jury that section 136.1 is a general intent crime, i.e, that “[wjhen a person intentionally does that which the law declares to be a crime, he is acting with general criminal intent . . . .” We agree with defendant but conclude that the error was harmless. A specific intent is an intent to accomplish some additional consequence by commission of the proscribed act. The sense of the general intent instruction is dependent upon its application to the substantive elements of the offense, i.e., to what is proscribed. In this case the jury could not sensibly have…

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