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Name: People v. Moore
Case #: C036773
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/12/2002
Subsequent History: Rev. denied 5/15/02.
Summary

In an attempted first degree murder case, the trial court did not err when it refused a request to instruct on the partial defense of mental disease or defect, where appellant elicited no expert testimony that he suffered from such a disease or defect at the time of the offense. The expert testimony was simply that people who smoke rock cocaine have an impaired mental state; there was no specific testimony regarding appellant’s mental state at the time of the offense was offered to the jury. Further, the jury was properly instructed regarding voluntary intoxication.