People v. Trujillo CA4/3

INTRODUCTION

Defendant Alex David Trujillo struck two bicyclists while driving his pickup truck; one of the bicyclists died. After the collision, a test of defendant’s blood showed he was driving under the influence of alcohol and prescription medication. The prosecution offered evidence of defendant’s voluntary intoxication, as well as his previous conviction for driving under the influence, to establish implied malice supporting defendant’s conviction for second degree murder. Defendant raises three issues on appeal; finding no merit in any of them, we affirm defendant’s conviction. First, defendant argues the trial court erred by failing to instruct the jury regarding involuntary intoxication. There was no evidence supporting a defense of unconsciousness or involuntary intoxication, however. For the same reason, defendant’s trial counsel was not ineffective for failing to request such an instruction. Second, defendant argues the jury was erroneously permitted to consider evidence of his voluntary intoxication to establish implied malice. We conclude Penal Code former section 22 permitted the prosecution to offer evidence of a defendant’s voluntary intoxication to establish…