California, United States of America
The following excerpt is from People v. Garza, F065675 (Cal. App. 2014):
"[T]he duty of counsel to a criminal defendant includes careful preparation of and request for all instructions which in his judgment are necessary to explain all of the legal theories upon which [the] defense rests." (People v. Sedeno (1974) 10 Cal.3d 703, 717, fn. 7.) Appellant argues defense counsel did not satisfy this duty because he failed to request instructions on intoxication when prosecuted as an aider and abettor (CALCRIM No. 404), the effect of voluntary intoxication on homicide crimes (CALCRIM No. 625) and voluntary intoxication (CALCRIM No. 3426). We are not persuaded.
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