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PEOPLE v. VANEGAS

No. B165475.

9 Cal.Rptr.3d 398 (2004)

115 Cal.App.4th 592

The PEOPLE, Plaintiff and Respondent, v. Jose Raul VANEGAS, Defendant and Appellant.

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

Rehearing Denied February 25, 2004.

Review Denied April 28, 2004.

Attorney(s) appearing for the Case

Peter Gold, under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jeffrey B. Kahan and Michael J. Wise, Deputy Attorneys General, for Plaintiff and Respondent.

JOHNSON, J.

Defendant Jose Vanegas challenges his conviction for second degree murder. He contends the trial court erred in prohibiting his expert witness from testifying to a portion of a report by another expert on which his expert based his opinion. He further contends the trial court erred in instructing the jury that for purposes of determining implied malice a violation of California's "basic speed law" is an act inherently dangerous to human life. We reverse...

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