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

California, United States of America


The following excerpt is from People v. Zermeno, F076432 (Cal. App. 2020):

Penal Code section 29.4, subdivision (b) provides: "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." (See People v. Soto (2018) 4 Cal.5th 968, 975 [voluntary intoxication relevant to mental states of premeditation and deliberation].) CALCRIM No. 625 is the standard jury instruction delineating the role of voluntary intoxication. CALCRIM No. 625 provides:

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