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PEOPLE v. SOTO

No. S236164.

4 Cal.5th 968 (2018)

THE PEOPLE, Plaintiff and Respondent, v. JUAQUIN GARCIA SOTO, Defendant and Appellant.

Supreme Court of California.

April 30, 2018.

Attorney(s) appearing for the Case

Stephen B. Bedrick , under appointment by the Supreme Court, for Defendant and Appellant.

Molly O'Neal , Public Defender (Santa Clara), and Michael Ogul , Deputy Public Defender, for California Public Defenders Association and Santa Clara County Public Defenders as Amici Curiae on behalf of Defendant and Appellant.

Kamala D. Harris and Xavier Becerra , Attorneys General, Gerald A. Engler , Chief Assistant Attorney General, Jeffrey M. Laurence , Assistant Attorney General, Seth K. Schalit , Kevin Kiley and Amit Kurlekar , Deputy Attorneys General, for Plaintiff and Respondent.

Keiter Appellate Law and Mitchell Keiter for Senator Ray Haynes as Amicus Curiae on behalf of Plaintiff and Respondent.

OPINION

A conviction of murder requires a finding of malice, which may be either express or implied. (Pen. Code, §§ 187, 188.)1 Express malice requires an intent to kill "unlawfully," but implied malice does not. (§ 188.) By statute, evidence of voluntary intoxication is admissible...

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