People v. Miller

A jury convicted the defendant, Michael Miller, of, among other things, first-degree murder (after deliberation) and first-degree felony murder, rejecting Millers affirmative defense of involuntary intoxication, and rejecting evidence that Millers voluntary intoxication had negated the requisite mental state of first-degree murder (after deliberation). Under the doctrine of merger, the felony murder conviction and the first-degree murder (after deliberation) conviction merged, giving rise to only one sentence. Upon Millers appeal, the court of appeals overturned the first-degree murder (after deliberation) conviction, on the basis of instructional error by the trial court. People v. Miller, No. 01CA1026, slip op. at 2 (Colo. App. 2004) (not selected for publication). The court of appeals found plain error in the trial courts instruction concerning the impact of the defendants intoxication on his culpable mental state. It held that the trial court failed to instruct the jury properly that "after deliberation" is a part of the culpable mental state of first-degree murder that can be negated by voluntary intoxication.