California, United States of America
The following excerpt is from People v. Valenzuela, F063436 (Cal. App. 2013):
As previously discussed, the trial court must instruct on an affirmative defense, either upon request or sua sponte, whenever the record contains substantial evidence in support of the defense unless the defense is inconsistent with the defendant's theory of the case. (People v. Salas, supra, 37 Cal.4th at p. 982.) Appellant argues the record contained substantial evidence supporting the defenses of involuntary intoxication to unconsciousness. He relies on Hurtado's testimony that he introduced pepper spray into the cell "to disorient [appellant] in case he was okay in there, because it causes irritation to the eyes." Appellant argues it was a question for the jury to determine "whether and to what degree the chemical agents deployed into the cell" affected his mental state. We disagree. The trial court correctly determined that there was insufficient evidence to justify instruction on the defenses of involuntary intoxication or unconsciousness.
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