![]() ) Mental state defenses such as those defense counsel was ineffective for failing to investigate apply only to crimes requiring specific intent. ) Assault with a deadly weapon and battery with serious bodily injury are general intent crimes. Attempted murder and aggravated mayhem are specific intent crimes. The jury trial resulted in Bilbrey being convicted of four crimes, two requiring specific intent and two requiring only general intent. ![]() On page 30, after the first full paragraph, insert the following: The scope of the trial court’s order granting relief, however, was overbroad. 1 lengthy sentences imposed on those offenses-life with the possibility of parole and 11 years, respectively, for aggravated mayhem and attempted murder-Bilbrey’s punishment for convictions under any lesser included charges would have included substantially less prison time. Then, rather than the * Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of Background parts I and II, and Discussion part I. At the top of page 30, replace the first partial paragraph beginning “required specific intent,” with the following: required specific intent to maim or kill, the jury could have found Bilbrey not guilty of aggravated mayhem and/or attempted murder. ORDER MODIFYING OPINION THE COURT: It is ordered that the partially published opinion filed herein on July 31, 2018, be modified as follows: On page 2, the third paragraph, beginning with “We affirm” is modified as follows: We affirm in part and reverse in part both the order granting Bilbrey’s petition for writ of habeas corpus and the order dismissing the case based on the violation of Bilbrey’s right to a speedy trial. ![]() FCR300980 & VCR198866) JAMES SAMUEL BILBREY, Defendant and Respondent. Filed 8/27/18 order modifying opinion filed 7/31/18 CERTIFIED FOR PARTIAL PUBLICATION * IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO THE PEOPLE, A150273 & A151401 Plaintiff and Appellant, v. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |