What is the test for determining whether intoxication was a mitigating circumstance under section 190.3 of the California Penal Code?

Under factor (h) of section 190.3, the penalty jury is to consider "[w]hether or not at the time of the offense the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired as a result of ... the affects [sic ] of intoxication." Here, the trial court expressly found that defendant's "capacity to appreciate the criminality of the conduct" was not impaired by intoxication, but defendant complains that there was no similar finding that his capacity to "conform his conduct to the requirements of law" was unimpaired. The omission appears to be an oversight in an otherwise thorough review of the statutory factors, but the omission does not constitute error. The trial court's statement of reasons is sufficient to permit thoughtful and effective appellate review. No more is required. (People v. Clark, supra, 3 Cal.4th 41, 172, 10 Cal.Rptr.2d 554, 833 P.2d 561.)

To the extent that defendant may be contending that the trial court was required to find that intoxication was a mitigating circumstance, we reject the contention. Evidence that defendant was intoxicated at the time of the murders was slight and unpersuasive. The trial court could properly find that defendant was not intoxicated. (See People v. Thomas (1992) 2 Cal.4th 489, 543-544, 7 Cal.Rptr.2d 199, 828 P.2d 101.)