People v. Soto, S236164
Decision Date | 30 April 2018 |
Docket Number | S236164 |
Citation | 4 Cal.5th 968,415 P.3d 789,231 Cal.Rptr.3d 732 |
Court | California Supreme Court |
Parties | The PEOPLE, Plaintiff and Respondent, v. Juaquin Garcia SOTO, Defendant and Appellant. |
Counsel: Stephen B. Bedrick, under appointment by the Supreme Court, for Defendant and Appellant.
Molly O'Neal, Public Defender (Santa Clara), and Michael Ogul, Deputy Public Defender, for California Public Defenders Association and Santa Clara County Public Defenders as Amici Curiae on behalf of Defendant and Appellant.
Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Assistant Attorney General, Seth K. Schalit, Kevin Kiley and Amit Kurlekar, Deputy Attorneys General, for Plaintiff and Respondent.
Keiter Appellate Law and Mitchell Keiter for Senator Ray Haynes as Amicus Curiae on behalf of Plaintiff and Respondent.
A conviction of murder requires a finding of malice, which may be either express or implied. ( Pen. Code, §§ 187, 188.)1 Express malice requires an intent to kill "unlawfully," but implied malice does not. ( § 188.) By statute, evidence of voluntary intoxication is admissible on the issue of whether the defendant "harbored express malice." (§ 29.4. subd. (b).) We have held that if a person kills in the actual but unreasonable belief that doing so is necessary, the person does not intend to kill "unlawfully," and is guilty of voluntary manslaughter, not murder. ( In re Christian S. (1994) 7 Cal.4th 768, 771, 30 Cal.Rptr.2d 33, 872 P.2d 574 ( Christian S. ).)
We must decide whether section 29.4 permits evidence of voluntary intoxication on the question of whether a defendant believed it necessary to act in self-defense. Reading the statutory language in context and in light of the apparent legislative intent in enacting it, we conclude such evidence is not admissible on this question. Accordingly, CALCRIM No. 625 correctly permits the jury to consider evidence of voluntary intoxication on the question of whether defendant intended to kill but not on the question of whether he believed he needed to act in self-defense.
1. FACTS AND PROCEDURAL HISTORY
The Court of Appeal's opinion summarized the evidence regarding the offense. On July 10, 2012, defendant, Juaquin Garcia Soto, entered an apartment building on Oak Avenue in Greenfield, California. He briefly entered and then left Bernardino Solano's apartment. Then, ( People v. Soto (2016) 248 Cal.App.4th 884, 887, 207 Cal.Rptr.3d 892 ( Soto ).) "Police found Ramirez's body lying facedown in a pool of blood on the floor of the hallway outside the apartment." ( Id . at p. 888, 207 Cal.Rptr.3d 892.)
"At trial, Saavedra testified that defendant started the knife fight by stabbing Ramirez first." ( Soto , supra , 248 Cal.App.4th at p. 887, 207 Cal.Rptr.3d 892.) Her testimony was supported by evidence that a drop of blood was found on the floor several inches in front of the couch on which Ramirez was sitting. Deoxyribonucleic acid (DNA) testing of the blood showed it matched a sample of Ramirez's DNA. ( Id . at pp. 891, 902, 207 Cal.Rptr.3d 892.)
Defendant told a different version of the events. The Court of Appeal's opinion reviewed his testimony in detail:
after which he left the area. ( Soto , supra , 248 Cal.App.4th at pp. 892-893, 207 Cal.Rptr.3d 892.)
The Court of Appeal opinion also summarized the expert witness testimony defendant presented:
( Soto , supra , 248 Cal.App.4th at p. 893, 207 Cal.Rptr.3d 892.)
Defendant was charged with first degree murder and first degree burglary, with a weapon use enhancement alleged as to both counts. He claimed he acted in self-defense. Particularly relevant here, he also claimed he was guilty of at most voluntary manslaughter because he killed in what is called unreasonable (or, as courts sometime refer to it, imperfect) self-defense; that is, he actually believed he needed to act in self-defense even if that belief was unreasonable. ( Christian S. , supra , 7 Cal.4th at p. 771, 30 Cal.Rptr.2d 33, 872 P.2d 574.)
In addition to instructions on first degree murder, the court instructed the jury on second degree murder, based on either implied or express malice, as well as on voluntary manslaughter, based on the doctrine of unreasonable self-defense. The court also instructed the jury with CALCRIM No. 625, as adapted to the case: ( Soto , supra , 248 Cal.App.4th at p. 895, 207 Cal.Rptr.3d 892.)
The jury acquitted defendant of first degree murder, but it found him guilty of second degree murder and first degree burglary. It also found the weapon use allegation true as to both counts. On appeal, defendant contended that the trial court erroneously prohibited the jury from considering evidence of voluntary intoxication on the question of whether he believed he needed to act in self-defense. The Court of Appeal agreed: ...
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