What is the effect of referring to count 3 as a specific intent crime rather than a general intent crime?
California, United States of America
The following excerpt is from People v. Arteaga, F066140 (Cal. App. 2014):
Considering the instructions as a whole, we conclude the trial court's error in referring to count 3 as a general intent crime, rather than a specific intent crime, was harmless as it was "'unimportant in relation to everything else the jury considered on the issue in question, as revealed in the record.'" (People v. Mayfield, supra, 14 Cal.4th at p. 774.)
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D. Prejudice is not present from a missing voluntary intoxication defense
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