When will a jury be instructed to consider whether there is an exception to the rule stated in CALJIC 4.20?
California, United States of America
The following excerpt is from People v. Navarette, 133 Cal.Rptr.2d 89, 30 Cal.4th 458, 66 P.3d 1182 (Cal. 2003):
Defendant asserts the trial court should have explained to the jury that CALJIC No. 4.21 states an exception to the rule stated in CALJIC No. 4.20. (See People v. Rivera, supra, 162 Cal.App.3d at p. 145,
[133 Cal.Rptr.2d 122]
207 Cal.Rptr. 756.) We think the court made sufficiently clear that these instructions operate in distinct spheres. The court did not give its CALJIC No. 4.20 instruction until after it had instructed with respect to the specific intent crimes and allegations, repeating in the case of each specific intent crime and allegation that intoxication was relevant to determining whether defendant had the requisite specific intent. The court then emphasized that its CALJIC No. 4.20 instruction applied only to the lesser related or lesser included offenses, which the court explained were general intent crimes. Moreover, as noted, the written instructions bore captions that helped to minimize juror confusion. We find no error.[133 Cal.Rptr.2d 122]
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