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PEOPLE v. DELLINGER

Docket No. S006359.

49 Cal.3d 1212 (1989)

783 P.2d 200

264 Cal. Rptr. 841

THE PEOPLE, Plaintiff and Respondent, v. LELAND DELLINGER, Defendant and Appellant.

Supreme Court of California.

December 18, 1989.

Attorney(s) appearing for the Case

COUNSEL

Richard P. Siref, under appointment by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, M. Howard Wayne, Robert M. Foster, Pat Zaharopoulos and Raquel M. Gonzalez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

EAGELSON, J.

We granted review in this case to determine whether CALJIC No. 8.11 (1983 rev.) (4th ed. pocket pt.), the standardized instruction defining implied malice, adequately informs the jury that implied malice requires a finding of the defendant's subjective awareness or appreciation of the life-threatening risk created by his conduct. For the reasons set forth hereafter...

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