Castillo

I agree defense counsel’s failure to request a pinpoint instruction relating voluntary intoxication to premeditation and deliberation did not render his representation constitutionally ineffective. The inquiry is two-pronged. Defendant must show inadequate representation and resulting prejudicial effect. Here, he makes a convincing case trial counsel’s performance did fall “below an objective standard of reasonableness ... .[][].. . under prevailing professional standards.” (Strickland v. Washington (1984) 466 U.S. 668, 688 [ 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 ].) He fails, however, to “affirmatively prove prejudice.” (Id. at p. 693 [ 104 S.Ct. at p. 2067 ].)

In People v. Saille (1991) 54 Cal.3d 1103 [ 2 Cal.Rptr.2d 364 , 820 P.2d 588 ], the court held that as a result of the abolition of diminished capacity as a true defense, the trial court no longer had a sua sponte duty to instruct thereon. (Id. at p. 1117; see People v. Sedeno (1974) 10 Cal.3d 703, 716 [ 112 Cal.Rptr. 1 , 518 P.2d 913 ], overruled on other grounds in People v. Flannel (1979) 25 Cal.3d 668, 684, fn. 12 [ 160 Cal.Rptr. 84 , 603 P.2d 1 ].) “Thus it is now more like the ‘pinpoint’ instructions discussed in…

A jury may consider evidence of voluntary intoxication in determining whether a defendant had the requisite mental state for first degree murder. The issue in this case is whether defense counsel was ineffective for failing to request a “pinpoint” jury instruction specifically relating voluntary intoxication to premeditation and deliberation. The Court of Appeal found counsel was ineffective. We disagree because the trial court gave a fully adequate pinpoint instruction. Accordingly, we reverse the judgment of the Court of Appeal.

I. Facts

The prosecution evidence showed that on the evening of October 2, 1992, Jose Escobar was driving a car in Los Angeles with defendant as a passenger. Both were members of the Juares Maravilla gang. After driving for a short while, Escobar and defendant picked up another Juares Maravilla member and two others. The group drove to defendant’s house. Defendant went inside and returned a few minutes later carrying an object, later identified as a sawed-off shotgun, wrapped in a towel. Escobar resumed driving and, at defendant’s request, stopped at an intersection in Juares Maravilla gang territory. Rickey Garcia, Sergio Cortez, and Denise…

A jury may consider evidence of voluntary intoxication in determining whether a defendant had the requisite mental state for first degree murder. The issue in this case is whether defense counsel was ineffective for failing to request a "pinpoint" jury instruction specifically relating voluntary intoxication to premeditation and deliberation. The Court of Appeal found counsel was ineffective. We disagree because the trial court gave a fully adequate pinpoint instruction. Accordingly, we reverse the judgment of the Court of Appeal.

The prosecution evidence showed that on the evening of October 2, 1992, Jose Escobar was driving a car in Los Angeles with defendant as a passenger. Both were members of the Juares Maravilla gang. After driving for a short while, Escobar and defendant picked up another Juares Maravilla member and two others. The group drove to defendant's house. Defendant went inside and returned a few minutes later carrying an object, later identified as a sawed-off shotgun, wrapped in a towel. Escobar resumed driving and, at defendant's request, stopped at an intersection in Juares Maravilla gang territory. Rickey Garcia, Sergio Cortez, and Denise…