Is intoxication an aggravating factor in a criminal case?

intoxication is always mitigating, the mere presence of a mental disorder or intoxication is not. In cases where a mental disorder and/or drunkenness relate to the circumstances of the crime, they may be aggravating and it is not error to allow the jury to consider them as such. (See People v. Smith , supra , 35 Cal.4th at p. 356, 25 Cal.Rptr.3d 554, 107 P.3d 229 ["evidence of mental illness ... is admissible in the prosecutions case-in-chief [as an aggravating circumstance] if, as here, it relates to an aggravating factor listed in section 190.3"].)