Martin

The defendant in this case was involved in three vehicular accidents, two of which resulted in bodily injuries to others, in the span of less than one hour. In the third accident, she tilled a four-year-old child strapped in a child safety seat in the backseat of his mother’s vehicle. Defendant’s blood-alcohol level was .27 percent. She was convicted of second degree murder, gross vehicular manslaughter while intoxicated, and other related charges.

On appeal, defendant challenges the constitutionality of Penal Code section 22 and argues the jury was improperly instructed with CALJIC No. 4.20, rather than CALJIC No. 4.21, relating to the relevancy of evidence of voluntary intoxication. We find section 22 constitutional and affirm the second degree murder conviction.

Procedural History

Factual History*

Discussion

I. Restriction on expert testimony

II. Instructional error

Defendant contends the court committed reversible error in instructing the jury with CALJIC No. 4.20 regarding the effect of voluntary intoxication on the element of knowledge. Defendant argues the jury should have been instructed with CALJIC No. 4.21. We find no instructional error.

A. Standard of…