Can a defense counsel oppose the withdrawal of the voluntary intoxication instruction?

California, United States of America


The following excerpt is from People v. Petersen, D068191 (Cal. App. 2017):

1115, 1138 ["The presentation of conflicting defenses is often tactically unwise because it tends to weaken counsel's credibility with the jury"].) Without the voluntary intoxication instruction, the jury's attention was focused on the complete defense of unconsciousness. Thus, Petersen has not established defense counsel's decision not to oppose the withdrawal of the voluntary intoxication fell outside the boundaries of reasonable professional assistance. (People v. Vines (2011) 51 Cal.4th 830, 876.)

The judgment is affirmed.

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