In what circumstances will a defendant appeal his conviction for second degree murder?

California, United States of America

The following excerpt is from People v. Saille, 229 Cal.App.3d 1376, 270 Cal.Rptr. 502 (Cal. App. 1990):

In People v. Olea (1984) 160 Cal.App.3d 891, 206 Cal.Rptr. 829 the defendant was convicted of second degree murder. He was voluntarily intoxicated when he committed the crime. (Id. at p. 893, 206 Cal.Rptr. 829.) The defendant appealed his conviction, claiming the trial court erred in not giving instructions relating voluntary intoxication to premeditation and deliberation and express malice. (Id. at p. 894, 206 Cal.Rptr. 829.) The appellate court rejected defendant's contention:

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In what circumstances will a defendant appeal his conviction for second degree murder?

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