Does the Court have any authority to give the last paragraph in a specific intent crime if there is evidence of diminished capacity?

This instruction was given even though the most recent use note indicates it was withdrawn in 1981, and despite the fact an earlier use note specifically warns against giving the last paragraph in a specific intent crime if there is evidence of diminished capacity. ² This cautionary note was provided because [208 Cal.App.3d 601] instructing the jury to assume the defendant is of sound mind and then also instructing the jury to consider his mental state and intoxication in determining if he had the specific intent to commit the crime "could have the potential of leaving the jury in a state of confusion." (People v. Wingo (1973) 34 Cal.App.3d 974, 979, 110 Cal.Rptr. 448.)