Is there any evidence that alcohol was not a factor in determining whether a defendant's mental state was impaired by alcohol?
California, United States of America
The following excerpt is from People v. Ortiz, F078351 (Cal. App. 2020):
strong evidence to the contrary. (See People v. Marshall (1996) 13 Cal.4th 799, 848 ["Although the offenses were committed after [the] defendant had gone virtually without sleep for approximately 24 hours, and after he had drunk an unspecified number of alcoholic drinks over a period of some hours, evidence of the effect of [the] defendant's alcohol consumption on his state of mind is lacking."].)
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