Can a jury consider evidence of voluntary intoxication for imperfect self-defense?

California, United States of America


The following excerpt is from People v. Thomas, E070352 (Cal. App. 2019):

3. In his opening brief, defendant contends that the instructions were also erroneous as the jury was not instructed it could consider his voluntary intoxication for imperfect self-defense. However, in appellant's reply brief, citing to section 29.4 [voluntary intoxication admissible solely on issue of whether the defendant actually formed a required specific intent or when charged with murder as it relates to express malice and premeditation, and deliberation] and People v. Soto (2018) 4 Cal.5th 968, 978, he concedes that evidence of voluntary intoxication cannot be considered for imperfect self-defense.

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