PEOPLE v. TALAMANTES

Docket No. B062961.

11 Cal.App.4th 968 (1992)

14 Cal. Rptr.2d 311

THE PEOPLE, Plaintiff and Respondent, v. LUIS TALAMANTES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

December 14, 1992.


Attorney(s) appearing for the Case

COUNSEL

Mark Alan Hart, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ronald E. Niver and Don Jacobson, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

WOODS (Fred), J.

Driving under the influence of alcohol, appellant struck a car and killed its driver. A jury convicted him of second degree murder (Pen. Code, § 187. Unless otherwise noted, statutory references are to the Penal Code) and other related charges. On appeal he contends: (1) there is insufficient evidence of implied malice to sustain the murder conviction, (2) the trial court committed instructional error...

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