What is the test for an intoxicated defendant to claim ineffective assistance of counsel?
California, United States of America
The following excerpt is from People v. Acuna, C080573 (Cal. App. 2017):
evidence of intoxication, there was insufficient evidence that defendant was unable to form the specific intent to commit the crime of first degree murder. (See People v. Marshall (1996) 13 Cal.4th 799, 847-848 [even though defendant was intoxicated, evidence of the effect on his state of mind was lacking].) Accordingly, we reject defendant's claim of ineffective assistance of counsel.
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