P. v. Cruz CA4/1
A jury found defendant Agustin Cruz guilty of one count of arson. (Pen. Code, § 451, subd. (d).) The trial court sentenced him to two years in prison, but deemed the sentence satisfied by custody and conduct credits. On appeal, Cruz contends the trial court erred by excluding evidence of his mental condition to negate the mental state required to commit arson, which requires proof that a person “willfully and maliciously” started a fire. (§ 451.) He acknowledges the California Supreme Court held in People v. Atkins (2001) 25 Cal.4th 76 (Atkins) that arson is a general intent crime, and that section 28 excludes evidence of an offender’s mental condition to negate general intent. He maintains, however, that Atkins is either wrongly decided or distinguishable, and that excluding evidence of his mental condition violated his due process right to present a complete defense. For reasons we will explain, we find Atkins applicable and binding, and find no due process violation. Accordi
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