What is the test for whether a defendant had the mental states required for first degree murder?

First, " 'the factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions.' " (People v. Berry (1976) 18 Cal.3d 509, 518.) The trial court instructed the jury that defendant's voluntary intoxication could be considered in determining whether defendant acted with an intent to kill and in determining whether he acted with deliberation and premeditation. (See CALCRIM No. 625.)⁴ Thus, the jury had the opportunity to find that defendant did not have the mental states required for first degree murder as a result of voluntary intoxication, but the jury did not make such findings. (See People v. Boyer (2006)

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