The People v. Rodriguez CA6

Filed 9/26/13 P. v. Rodriguez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038219

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC809758)

v.

DAVID OWEN RODRIGUEZ,

Defendant and Appellant.

A jury convicted defendant David Owen Rodriguez of first degree murder. Defendant contends that his conviction must be reversed because the trial court’s instruction regarding voluntary intoxication failed to describe the effect of intoxication on the specific intent required for first degree murder by means of torture. We conclude that the trial court did not err in failing to instruct on the relationship between intoxication and the mental state for torture murder, and we therefore will…