Timms

Appellant Aaron Timms, convicted of voluntary manslaughter, challenges the instructions on voluntary intoxication and reasonable doubt as well as the constitutionality of Penal Code section 22. We affirm.

I. FACTS

In October 2003, appellant and his wife Valerie Estrada were homeless and slept in a ravine (called the “canal”) that ran along the back of Kaiser Convention Center in Oakland. They met Richard Aguilar and Nevin Dusevic at the canal and became friends. On October 21, 2003, Dusevic was expecting a direct deposit to his bank account. He offered to rent a motel room for himself, appellant and Aguilar so the three could watch television, drink and relax.

On October 22, 2003, Nevin, with his friends, tried to withdraw money from his account but there was “a problem” with the money. The subject of the possibility of Estrada getting into his ATM card came up.

In any event, the men rented a room in a motel on 6th Street. There, they ate Chinese food and drank beer and brandy. At one point appellant left to find his wife and bring her to the motel.

When Estrada arrived she was upset. She bickered with Nevin, asking why he accused her of withdrawing money from his…