People v. Lyons CA2/2

DISCUSSION

I. Relevant proceedings

During trial, defendant requested an instruction regarding voluntary intoxication (CALCRIM No. 3426) because it was unclear what had caused him to appear injured or intoxicated. Citing People v. Williams (1997) 16 Cal.4th 635 (Williams) and People v. Roldan (2005) 35 Cal.4th 646, disapproved on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22, the prosecutor argued there was insufficient evidence that defendant was intoxicated or that any intoxication altered his ability to form specific intent. Defense counsel conceded that there was no

3 evidence regarding when or what intoxicants defendant consumed, but argued that his appearance and demeanor were evidence of intoxication. The prosecutor countered that even assuming some intoxication, it did not alter his ability to form the specific intent to evade the police. The prosecutor pointed out that defendant was able to speak with the officers before negotiating a five-minute high-speed chase going around civilian vehicles and avoiding police vehicles. The trial court ruled there was insufficient evidence to warrant the requested instructions and denied defendant’s request for…