California Court of Appeal

Conviction of defendant for second degree murder, vehicular manslaughter, and related crimes is affirmed where: 1) a properly instructed jury found implied malice and under all the circumstances, the finding is reasonable; and 2) a jury could reasonably conclude that defendant's prior conviction for driving while intoxicated put him on notice of the consequences of driving with extreme recklessness and the trial court did not abuse its discretion in ruling the evidence admissible under Evidence Code section 352.

Appellate Information

• Decided 08/23/2010
• Published 08/23/2010

Judges

• GILBERT

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Landra E. Rosenthal, Edmund G. Brown, Jr.