The trial court erred in refusing to instruct the jury on a defense of unconsciousness. A jury found the defendant guilty of assault with a semiautomatic firearm (Penal Code section 245, subd. (b)). The victim was her daughter. The evidence at trial showed that appellant had exhibited bizarre behavior, including paranoia and disorganized thinking, ever since the father of her children physically assaulted her three months before. An expert witness testified that her behavior was consistent with posttraumatic stress disorder. The Attorney General argued that any error in omitting the instruction was harmless because the jury was instructed that to find defendant guilty of assault with a firearm, it must find she acted willfully. The Court was not persuaded and reversed the judgment.
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