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PEOPLE v. SCHULLER

No. S272237.

15 Cal.5th 237 (2023)

THE PEOPLE, Plaintiff and Respondent, v. JASON CARL SCHULLER, Defendant and Appellant.

Supreme Court of California.

August 17, 2023.

Attorney(s) appearing for the Case

David L. Polsky , under appointment by the Supreme Court, for Defendant and Appellant.

Mary K. McComb , State Public Defender, Anne W. Lackey and William Whaley , Deputy State Public Defenders, and Jessie Peterson for the Office of the State Public Defender as Amicus Curiae on behalf of Defendant and Appellant.

Kamala Harris , Xavier Becerra and Rob Bonta , Attorneys General, Lance E. Winters , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Ivan P. Marrs , Christopher J. Rench , Eric L. Christoffersen , Jennifer M. Poe , Daniel B. Bernstein and Peter H. Smith , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

California defines the crime of murder as the unlawful killing of a human being with malice aforethought. The prosecution here relied on a theory of express malice, which requires an intent to unlawfully kill. (See People v. Lasko (2000)

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