Opinion
S257631
03-02-2023
PEOPLE v. BROWN (HEATHER ROSE)
C085998 Third Appellate District
Opinion filed: Judgment reversed
Because the trial court failed to instruct the jury on the mental state element of first degree murder by poison and because this error was prejudicial, we reverse the judgment. We remand to the Court of Appeal with directions to return the case to the superior court for further proceedings consistent with our opinion.
Majority Opinion by Groban, J.
-- joined by Guerrero, C. J., Corrigan, Liu, Kruger, Jenkins, and Cantil-Sakauye*, JJ.
* Retired Chief Justice of California, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.