State v. Gonzales

OPINION

HATHAWAY, Judge.

Appellant seeks reversal of his conviction of second-degree burglary claiming the trial court erred (1) in precluding him from testifying about his intoxication at the time of the offense and (2) in refusing to give an instruction as to lack of intent due to intoxication. We do not agree and affirm.

Rule 15.2(b), Rules of Criminal Procedure, 17 A.R.S., requires a defendant to disclose all defenses as to which he will introduce evidence at. trial. The comment to Rule 15.2 points out that the “notice of defenses” is intended to be a broad disclosure of the defendant’s…