Can a defendant be convicted of second degree murder on an implied malice theory if he is found to have been intoxicated?
California, United States of America
The following excerpt is from People v. Carlson, G043833, Super. Ct. No. 07NF0250 (Cal. App. 2011):
Court has also recognized, in dicta, that after this amendment, "depending on the facts, it now appears that defendant's voluntary intoxication, even to the point of actual unconsciousness, would not prevent his conviction of second degree murder on an implied malice theory . . . ." (People v. Boyer (2006) 38 Cal.4th 412, 469, fn. 40.)
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