Court of Criminal Appeals of Texas

Kody William Farmer, Appellant v. the State of Texas

October 9, 20132013 Tex. Crim. App. LEXIS 1490

Summary

The Court held that the trial court properly denied a jury instruction on voluntariness because appellant voluntarily ingested the Ambien pill, satisfying the voluntary act requirement of Tex. Penal Code §6.01(a); therefore the conviction was affirmed and the Court of Appeals reversal was reversed. The decision rests on the principle that a mistaken but voluntary consumption of medication does not constitute an involuntary act. Justice Cochran, concurring, argued that the involuntary intoxication defense is available in DWI cases but noted the issue was forfeited.