Does a defendant have to prove that she was unconscious at the time of the shooting?

California, United States of America

The following excerpt is from People v. Gana, 186 Cal.Rptr.3d 724, 236 Cal.App.4th 598 (Cal. App. 2015):

Although defendant gave a detailed accounting of the shooting and her motivation for it shortly after the incident, at trial she testified to having only a limited recollection of the event, acknowledging only that she held the gun and heard a shot. That [s]he did not, by the time of trial, accurately recall certain details of the shootings does not support an inference [s]he was unconscious when [s]he committed them. (People v. Halvorsen (2007) 42 Cal.4th 379, 418, 64 Cal.Rptr.3d 721, 165 P.3d 512.)

[186 Cal.Rptr.3d 734]

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