Can a defendant rely on his unconsciousness as a defense to a charge of implied malice murder?
California, United States of America
The following excerpt is from People v. Starkey, D066853 (Cal. App. 2015):
19. Evidence of voluntary intoxication, even to the point of unconsciousness, cannot negate implied malice. (See People v. Carlson (2011) 200 Cal.App.4th 695, 705 ["the 1995 amendments to [former] section 22 [current section 29.4] preclude a defendant from relying on his or her unconsciousness caused by voluntary intoxication as a defense to a charge of implied malice murder."].)
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