Kody William Farmer, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals and affirmed the trial court, holding that the appellant voluntarily ingested the Ambien pill and therefore was not entitled to a jury instruction on voluntariness. The majority concluded that a mistake in taking the wrong prescription does not negate the voluntary act required under Tex. Penal Code §6.01(a). Justice Cochrane, in a concurring opinion, argued that Texas does permit an involuntary intoxication defense in DWI cases and that the trial judge erred in refusing any instruction on that defense, but he concurred with the majority because the appellant forfeited that claim on appeal.