Wesley

A jury convicted Jerry L. Wesley of failure to appear after being released on bail (Pen. Code, § 1320.5). On appeal, Wesley contends his conviction must be reversed because the trial court failed to sua sponte instruct the jury they needed to find Wesley specifically intended to evade the process of the court before convicting.

Facts

On April 15, 1986, during a lunch break in his preliminary hearing on pending felony charges Wesley left the courthouse. He did not return at the time the court had stated the proceedings would continue. He showed up the next day, claiming he had not returned the day before because his medication made him feel ill and disoriented.

Discussion

The issue Wesley raises on appeal is whether section 1320.5 is a specific or general intent crime.

The Supreme Court in People v. Hood (1969) 1 Cal.3d 444, 456-457 [ 82 Cal.Rptr. 618 , 462 P.2d 370 ], explained the difference between general and specific intent crimes: “Specific and general intent have been notoriously difficult terms to define and apply, and a number of text writers recommend that they be abandoned altogether. [Citations.] Too often the characterization of a particular crime as one…