What is the test for intoxication in the context of section 29.4 of the Penal Code?

California, United States of America


The following excerpt is from People v. Ramirez, B270205 (Cal. App. 2017):

4. "Penal Code former section 22 was renumbered section 29.4 without substantive change. [Citation.]" (People v. Soto (2016) 248 Cal.App.4th 884, 896, fn. 5 (Soto).) Section 29.4 provides in pertinent 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."

Other Questions


What is the relevant case law in the context of Section 2(1) of the California Penal Code, and what is the case law relating to Section 4 of the Penal Code? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
How has section 490.2 of the California Penal Code been interpreted in the context of Section 487 of the Penal Code? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)
How has section 654 of the Penal Code been applied in the context of section 12021 of the Criminal Code? (California, United States of America)
Does Section 26 of the Penal Code section 2600 of the California Penal Code apply? (California, United States of America)
Is a convicted member of a street gang who is serving time for a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm under section 186.22 of the California Penal Code (b)(1)(1) of the Penal Code)? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.