OPINION
FRANCHINI, Justice.
{1} Defendant Jimmy Brown ("Brown") appeals from a conviction of first-degree, depraved mind murder. See NMSA 1978, § 30-2-1(A)(3) (Repl.Pamp.1994). Following a jury trial, Brown was sentenced to life imprisonment for the murder conviction. On appeal, we address a single issue: Whether the trial court erred in refusing to instruct the jury that Brown's intoxication could be considered in determining the mental state...
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