California, United States of America
The following excerpt is from People v. Tooker, A154181 (Cal. App. 2019):
"Unconsciousness, if not induced by voluntary intoxication, is a complete defense to a criminal charge. [Citations.] To constitute a defense, unconsciousness need not rise to the level of coma or inability to walk or perform manual movements; it can exist 'where the subject physically acts but is not, at the time, conscious of acting.' " (People v. Halvorsen (2007) 42 Cal.4th 379, 417.) A trial court has a sua sponte duty to instruct on unconsciousness "if it appears the defendant is relying on the defense, or if there is substantial evidence supporting the defense and the defense is not inconsistent with the defendant's theory of the case." (People v. Rogers (2006) 39 Cal.4th 826, 887.)
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We review de novo "a claim that a court failed to properly instruct on the applicable principles of law." (People v. Martin (2000) 78 Cal.App.4th 1107, 1111.)
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