Cuesta-Rodriguez v. State

ORDER DENYING PETITION FOR REHEARING AND MOTION TO RECALL MANDATE

T1 Before the Court is Cuesta-Rodri-guer's Petition for Rehearing and Motion to Recall Mandate. For the reasons set out below, the petition and motion are denied.

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T2 Cuesta-Rodriguez first seeks rehearing on the trial court's refusal to issue a jury instruction on the defense of voluntary intoxication. Cuesta-Rodriguez contends that we overlooked his claim that the trial court's refusal to instruct the jury on the defense of voluntary intoxication violated his constitutional due process rights to present a defense and to receive…