Can a judge order a reversal of judgment in the case of Petersen v. Sisuphan?

California, United States of America


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

Petersen contends we must reverse the judgment because the court prejudicially erred by failing to instruct the jury on the related defenses of involuntary intoxication and unconsciousness by involuntary intoxication. "A trial court must instruct the jury, upon request, on any theory of defense that is supported by substantial evidence. [Citation.] We independently review a trial court's alleged failure to do so." (People v. Sisuphan (2010) 181 Cal.App.4th 800, 806.)

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