California, United States of America
The following excerpt is from People v. Jimenez, B241724 (Cal. App. 2013):
As noted above, appellant contends there was insufficient evidence to demonstrate that he had the specific intent to commit willful, deliberate, premeditated attempted murder and attempted carjacking because he was too intoxicated to form the specific intent to kill, to premeditate and deliberate, or to form the specific intent to commit carjacking. A defendant is entitled to a jury instruction regarding voluntary intoxication when there is "substantial evidence of the defendant's voluntary intoxication and the intoxication affected the defendant's 'actual formation of specific intent.' (People v. Horton (1995) 11 Cal.4th 1068, 1119; see also People v. Saille (1991) 54 Cal.3d 1103, 1117 [explaining that a defendant charged with murder is free to show that 'because of
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his mental illness or voluntary intoxication, he did not in fact form the intent unlawfully to kill' (original italics)].)" (People v. Williams (1997) 16 Cal.4th 635, 677.)
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