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PEOPLE v. ALBRIGHT

Docket No. A028633.

173 Cal.App.3d 883 (1985)

219 Cal. Rptr. 334

THE PEOPLE, Plaintiff and Appellant, v. RONALD WILLIAM ALBRIGHT, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

October 29, 1985.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Clifford K. Thompson, Jr., Ronald E. Niven and David D. Salmon, Deputy Attorneys General, for Plaintiff and Appellant.

Christopher N. Heard as Amicus Curiae on behalf of Plaintiff and Appellant.

Timothy B. Rien and Kenneth H. Krebs for Defendant and Respondent.

Laurence S. Smith as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

SABRAW, J.

The People appeal under Penal Code section 1238, subdivision (a)(6), after the trial court modified the jury's verdict convicting defendant of second degree murder (id., § 187 et seq.) to vehicular manslaughter (id., § 192, subd. 3(c)). We conclude that the court erred as a matter of law in construing implied malice under a second degree murder conviction as requiring an awareness and conscious...

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