California, United States of America
The following excerpt is from People v. Hodges, C076991 (Cal. App. 2016):
" '[A] defendant is entitled to such an instruction only when there is substantial evidence of the defendant's voluntary intoxication and the intoxication affected the defendant's "actual formation of specific intent." ' [Citation.]" (People v. Verdugo, supra, 50 Cal.4th at p. 295, italics added.) Substantial evidence of intoxication alone is not enough; there must also be evidence that the intoxication impaired the defendant's ability to formulate intent. (People v. Williams (1997) 16 Cal.4th 635, 677-678.)
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