Aguirre

Appellant was convicted of the attempted first degree murder of Officer Epifiano Cardenas of the Fresno Police Department. (Pen. Code, §§ 664, 187.) The attempted murder qualified as first degree murder on the basis that appellant had attempted a “willful, deliberate, and premeditated” killing of Cardenas. (Pen. Code, §§664, 189.) It was not disputed that appellant had been drinking prior to firing his gun at Officer Cardenas, that a test of blood drawn from appellant approximately one hour after the incident revealed a blood-alcohol level of .22 percent, and that appellant was intoxicated when he shot at Officer Cardenas.

Appellant contends the court erred in instructing the jury with CALJIC No. 4.21.1 (1992 New) (“Voluntary Intoxication — Trial With General and Specific Intent Crimes”). He also contends he was denied effective assistance of counsel because, inter alia, his trial counsel did not propose any “pinpoint instruction” expressly telling the jurors they could consider appellant’s voluntary intoxication in determining whether appellant acted with premeditation and deliberation in firing his gun at Cardenas.

He has also filed a petition for writ of habeas…