P. v. Rosales CA4/3
Adolpho Rosales was convicted on charges of residential burglary (Pen. Code, §§ 459, 460, subd. (a)), vandalism (§ 594, subd. (a)/(b)(2)(A)) and possession of drug paraphernalia (Health & Saf. Code, § 11364 (subd. (a)), after he was discovered by a homeowner inside her home in the middle of the night, and then fled. Shortly thereafter, he was apprehended by police while hiding in a nearby bush, where he had attempted to bury a knife in his possession.
Rosales argues his conviction must be reversed because the trial court erroneously instructed the jury that it could not consider his voluntary intoxication in determining whether his acts of fleeing the scene or hiding evidence demonstrated “he was aware of his guilt.” We disagree. The jury was instructed it could consider his voluntary intoxication only in deciding whether he entered the residence with the intent to commit a theft.
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