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Criminal Law Keyed to Ohlin
People v. Garcia
Citation:113 P.3d 775 (2005)
Garcia is an insulin-dependent diabetic. Three days before the alleged crimes, Garcia’s wife told him that she wanted a divorce.
On the morning of July 11, 1999, in anticipation of eating cake and ice cream at his daughter’s afternoon birthday party, Garcia injected himself with a large dosage of insulin. He did not eat anything following this insulin injection. While running errands, his wife noticed that he was “real quiet” with an “along-for-the-ride type attitude.” She asked him at least three times during this time frame: “Are you okay? Do you need something to eat?” He responded, “No, I’m fine, okay.”
When they were exiting a store parking lot, Garcia hit his wife, who was driving the van at the time, on the right side of her head with a hammer. Garcia did not say anything when he hit her. She immediately got out of the van and began running. Garcia met her at the back of the van and tried to shove her into it through the back door. When an owner of a nearby shop came out and talked to Garcia, the wife retrieved her purse from the van and ran away. As she was running through parking lots along the main road, Garcia ran over her with the van and then drove away. She sustained a depressed skull fracture and abrasions and bruises to her entire body.
At trial, Garcia wanted to assert the defense of involuntary intoxication. He presented a substantial amount of evidence regarding his alleged hypoglycemic condition on the day of the incident and his previous episodes of hypoglycemia. The trial court did not instruct the jury on the defense, and he was convicted of attempted second degree murder and assault. The Court of Appeals reversed, holding that the trial court erred by not permitted Garcia to proceed under his defense.
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