California, United States of America
The following excerpt is from The People v. Garcia, E047883, No. FSB057678 (Cal. App. 2010):
Furthermore, the jury found that defendant personally and intentionally discharged a firearm proximately causing death. ( 12022.53, subd. (d).) In so finding, "the jury necessarily determined that defendant formed the requisite specific intent despite his consumption of... alcohol. In view of this finding, the jury could not have concluded he was unconscious and therefore guilty only of involuntary manslaughter. Thus, even if the court had erred in its instructions, we would find that such error was clearly harmless. [Citation.]" (People v. Heard (2003) 31 Cal.4th 946, 982.)
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