Batchelor

I. INTRODUCTION

Defendant Larry Jason Batchelor appeals from his conviction—in two separate trials—of implied malice murder (Pen. Code, § 187, subd. (a); count 1) and gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a); count 2).

As to the first trial, defendant contends (1) the evidence was insufficient to support his conviction of gross vehicular manslaughter, and (2) the prosecutor improperly commented on defendant’s exercise of his right to a jury trial and improperly vouched for the People’s case. As to the second trial, defendant contends (1) the evidence was insufficient to support his conviction of implied malice murder; (2) former section 22 violates principles of due process because it authorizes disparate treatment for the prosecution and defense with respect to the admission of evidence of voluntary intoxication to prove implied malice; (3) the trial court erred in refusing to permit defense counsel to read or present to the jury section 188 and case law regarding implied malice; (4) the trial court erred in failing to instruct the jury on gross vehicular manslaughter or to inform the jury that defendant had been convicted of that offense in…