Talamantes
People v. Talamantes
Opinion
Opinion
Woods, 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, and (3) he was prejudiced by wearing jail clothing during the trial. We find no error and affirm the judgment.
Procedural and Factual Background
Appellant was charged with second degree murder (§ 187, count I), gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a); count II), driving under the influence of alcohol and causing great bodily injury (Veh. Code, § 23153, subd. (a); count III), and driving while having .08 percent blood alcohol and causing great bodily injury (Veh. Code, § 23153, subd. (b); count IV). Two prior driving-under-the-influence convictions were alleged (Veh. Code, § 13202.5; counts III and IV).
Appellant pleaded not guilty and denied the allegations. His motion to bifurcate trial of the allegations was granted, and he then admitted both…