Return to CALJIC Part 3-4 – Contents
F 4.21.1 n1 Voluntary Intoxication: General And Specific Intent Crimes.
In People v. Aguirre (95) 31 CA4th 391, 392-402 [37 CR2d 48], the court held that CJ 4.21.1 does not violate the defendant’s substantial rights under PC 1259. The court rejected the defendant’s arguments that the instruction was confusing, inaccurate and shifted the prosecution’s burden of proof.
F 4.21.1 n2 Instructing Jury That Intoxication Cannot Negate Malice As Reversible Error.
In People v. Nava UNPUBLISHED (B078100), the trial court erroneously included 2nd degree implied malice murder in that portion of CJ 4.21.1 which precludes consideration of intoxication. The Court of Appeal held that this was reversible error. [The opinion and briefing in Nava is available to FORECITE subscribers. Ask for Opinion Bank # O-184 and Brief Bank # B-644.]
F 4.21.1 n3 Rape: Belief As To Consent — Jury Should Consider Defendant’s Intoxication.
(See FORECITE F 10.00 n10.)