People v. Quarles
Annotate this CaseDefendant’s father observed defendant “acting differently” and accused him of drinking. Defendant became “belligerent and aggressive” and approached his father, with his fists clenched. As his father pushed defendant’s hands away, defendant responded with a swing. The quarrel turned into a “wrestling match.” Defendant punched, kicked, and threw his father into a glass door. Defendant’s mother called 911. Defendant pushed his mother into a table, yanked the phone from her hand, and threw it down, ejecting the batteries and disconnecting the call. Defendant was arrested and charged with elder abuse (Penal Code 368(b)(1)), damaging a telephone line or mechanical equipment connected to the line (section 591), misdemeanor elder abuse (section 368(c)), and misdemeanor battery on an elder (section 243.25). Defendant’s counsel stated she anticipated asking for a voluntary intoxication instruction as to count 2. The prosecution argued that damaging a telephone line or the connected phone is a general intent crime so a voluntary intoxication instruction was unnecessary and inappropriate. The court refused to give the instruction. The court of appeal affirmed. The statutory definition of the crime does not import any further specific intent or mental state, and the crime involves an aggressive act that may well be impulsive and triggered by voluntary intoxication.
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