What is the test for evidence of voluntary intoxication in a murder case?

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BAMATTRE-MANOUKIAN, J.

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MIHARA, J.

Footnotes:

^1. All further statutory references are to the Penal Code unless otherwise stated.

^2. Defendant has also filed a petition for writ of habeas corpus, which we resolve by separate order.

^3. The Spanish word "guey" is like the English word "dude."

^4. Miranda v. Arizona (1966) 384 U.S. 436.

^5. Section 29.4 states in part: "(a) No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his or her having been in that condition. Evidence of voluntary intoxication shall not be admitted to negate the capacity to form any mental states for the crimes charged, including, but not limited to, purpose, intent, knowledge, premeditation, deliberation, or malice aforethought, with which the accused committed the act. [] (b) Evidence of voluntary intoxication is admissible solely on the issue of whether or not the defendant actually formed a required specific intent, or, when charged with murder, whether the defendant premeditated, deliberated, or harbored express malice aforethought." Under current law, "voluntary intoxication, even if it induced unconsciousness, is not a defense to crime as such, though it may be relevant to whether the defendant formed a specific intent necessary for its commission. [Citations.]" (People v. Boyer (2006) 38 Cal.4th 412, 469.)