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Olguin v. State6/1/2005
intoxication instruction given below. Because he did not object to the instruction below, Olguin argues that it was fundamental error to instruct the jury that voluntary intoxication was not a defense. See Sochor v. State, 619 So. 2d 285, 290 (Fla. 1993) (failure to object to erroneous jury instructions precludes appellate review absent a showing of fundamental error). According to Olguin, instructing the jury that voluntary intoxication is not a defense to any offense proscribed by law, relieved the State of its obligation to prove the element of knowledge. The instruction did nothing of the sort. The instruction merely informed the jury that even though the evidence showed that Olguin was drunk, he was not absolved and that he could still be found guilty, even if drunk, if the evidence showed that he either knew or reasonably should have known of the resulting injury or death from the nature of the accident. There was no fundamental error.
Accordingly, we affirm.
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