If a defendant was in a state of the mental state at the time of trial, would he have been convicted of a charge of possession of methamphetamine?

California, United States of America


The following excerpt is from People v. Finley, C087063 (Cal. App. 2020):

methamphetamine, that state of mind would necessarily indicate he did not know the substance was present and, therefore, did not have the requisite mental state. An instruction intended to be curative was, at best, inadequate and did nothing to disabuse the jury of the incorrect impression left by the prosecutor's misstatements of law in rebuttal argument. In so doing, the trial court effectively ratified the prosecutor's error. (See People v. Morales, supra, 25 Cal.4th at p. 43; see also U.S. v. Perlaza (9th Cir. 2006) 439 F.3d 1149, 1171.)

Under these circumstances, there was very little reason for the jury to reject the prosecutor's misstatements of the law relative to an element of the offense. Because the trial court overruled defendant's timely objections, there was no admonition to the jury to cure the misstatements. The arguments directly under cut defendant's main defense to an element of the offense. The arguments were made in rebuttal and defense counsel had no opportunity to counter or correct the misstatements. The last word the jury heard on the subject was the trial court's special instruction, which incorrectly left the jury with the impression that defendant could be found guilty, even if he had forgotten he had the methamphetamine. On this record, there is a reasonable likelihood the misstatement of law caused the jury to convict based on this incorrect legal standard, which impermissibly lowered the prosecution's burden of proof. Accordingly, we must reverse the conviction on count 1. (See People v. Centeno (2014) 60 Cal.4th 659, 676-677.)

B. Admission of Evidence of Defendant's Criminal History

Other Questions


Does a defendant who is charged with a similar felony charge before trial have additional reason to avoid a conviction for a similar crime before trial? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
In a motion to dismiss a conviction for possession of contraband, what is the state prosecutor's argument that defendant was convicted of possession of illegal drugs? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
In what circumstances would a defendant have been denied a continuance of his trial on the grounds that the trial would have been more favorable to him? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
What is the state of the mental state required to convict a defendant of attempted murder? (California, United States of America)
When will a jury consider a defendant's mental state as a mitigating factor in determining his mental state? (California, United States of America)
In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
What is the state of the evidence at trial of a defendant's mental health and emotional state? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.