Smith, Joseph Anthony

Keasler, J., delivered the opinion of the Court, in which Keller, P.J., and Hervey, Richardson, Yeary, Newell, and Slaughter, JJ., joined.

In the punishment phase of his aggravated-robbery trial, Joseph Smith presented evidence that he suffers from a severe drug addiction. The State asked for, and received, an instruction stating that "[v]oluntary intoxication does not constitute a defense to the commission of a crime." Smith argues that such an instruction is never appropriate in the punishment phase of trial. We hold that although it is within a trial judge's discretion to give a…