Shackleford v. State

SHIVERS, Chief Judge.

Appellant was convicted and sentenced for sale of cocaine and possession of cocaine with intent to sell. Only the latter conviction is appealed. Appellant maintains possession of cocaine with intent to sell is a specific intent crime and, therefore, the trial court erroneously denied defense counsel’s timely request for a jury instruction on voluntary intoxication.

“[A] defendant charged with [a] specific intent [crime] is entitled to a jury instruction on voluntary intoxication when there is evidence of the use of intoxicants and the defendant is intoxicated at the time…