Berg

People v. Berg

Bad Law
23 Cal. App. 5th 959·233 Cal. Rptr. 3d 629
Court of Appeal of CaliforniaMay 25, 2018H043511California4,795 words

Opinion

lead Opinion

Grover, J.

*961 A jury convicted defendant Andrew Marshall Berg of knowingly possessing methamphetamine in the Monterey County Jail ( *962 Pen. Code, § 4753.6, subd. (a) ). Defendant argues the trial court abused its discretion by excluding evidence of defendant's voluntary intoxication at the time of his arrest almost two days before the methamphetamine was discovered. Because evidence of voluntary intoxication is inadmissible to negate the presence of general criminal intent ( Pen. Code, § 29.4, subd. (a) ), we will find no prejudicial error. We will modify a clerical error in the abstract of judgment and affirm the judgment as modified.

I. TRIAL COURT PROCEEDINGS

When defendant was searched in the Monterey County Jail almost two days after his misdemeanor arrest, a sheriff's deputy noticed plastic wrapping in between defendant's buttocks that was later found to contain methamphetamine. Defendant was charged with one felony count of knowingly possessing methamphetamine in jail. ( Pen. Code, § 4573.6, subd. (a) ; unspecified statutory references are to this Code.)

A. PRETRIAL MOTIONS

In the felony case, the prosecution moved in limine to exclude testimony about defendant's intoxication…

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