P. v. Delgadillo CA4/1
A jury found Efren Iniguez Delgadillo guilty of one count of attempted premeditated murder, by personally using a deadly weapon; and one count of assault. As to both counts the jury further found that Delgadillo personally caused great bodily injury. The trial court sentenced Delgadillo to an indeterminate term of seven years to life, and a consecutive determinate term of four years.
Delgadillo contends that the trial court prejudicially erred in instructing the jury on voluntary intoxication with respect to the attempted murder count, as the jury was instructed that voluntary intoxication could be considered in determining whether Delgadillo acted with an intent to kill but did not state that voluntary intoxication could be considered in determining whether Delgadillo acted with premeditation and deliberation. We conclude that the voluntary intoxication was legally incorrect, but that Delgadillo has not established that the error was prejudicial. We accordingly affirm.
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