Does a failure to instruct a defendant on intoxication constitute an error in failing to instruct on intoxication?

California, United States of America

The following excerpt is from People v. Pulskamp, B281808 (Cal. App. 2019):

Moreover, any error in failing to give the instruction orally (see, e.g., People v. Murillo (1996) 47 Cal.App.4th 1104, 1106-1107) was harmless. The failure to instruct on intoxication is "subject to the usual standard for state law error: 'the court must reverse only if it also finds a reasonable probability the error affected the verdict adversely to defendant.' [Citation.]" (People

Page 19
v. Mendoza (1998) 18 Cal.4th 1114, 1134-1135; see also People v. Pearson (2012) 53 Cal.4th 306, 325 & fn. 9 [failing to give voluntary intoxication instruction does not deprive the defendant of federal constitutional rights].)

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