Can a jury consider whether a defendant acted with deliberation and premeditation?

California, United States of America


The following excerpt is from People v. Sanders, F074543 (Cal. App. 2019):

In the second sentence of its instruction to the jury on voluntary intoxication, the court stated, "You may consider evidence whether the defendant acted with deliberation and premeditation." As defendant contends, the court erred in omitting words from the second sentence and it should have stated, "You may consider that evidence only in deciding whether the defendant acted with deliberation and premeditation." (CALCRIM No. 3426, italics added.) We have determined that defendant's claim of prejudicial error relating to the issue of intent lacks merit and, therefore, the People's reliance on People v. Box is apt in this instance. The error complained of was confined to the court's oral recitation of the voluntary intoxication instruction and the jury was given a copy of the written instructions, including the complete, correct instruction on voluntary intoxication. (People v. Box, supra, 23 Cal.4th at p. 1212.)

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