McNally

We recently said that “[fjirearms and poor judgment do not mix.” (People v. Vallejo (2013) 214 Cal.App.4th 1033, 1045 [ 154 Cal.Rptr.3d 341 ].) This is such a case. Appellant, a federal correctional peace officer used poor judgment with his firearm resulting in the death of a fellow federal correctional peace officer. The jury found that he acted with implied malice and convicted him of second degree murder (Pen. Code, §§ 187, subd. (a), 189) with special findings that he personally used a firearm within the meaning of sections 12022.5, subdivision (a) and 12022.53, subdivision (b). The trial court sentenced appellant to prison for 15 years to life plus 10 years on the firearm enhancement.

Appellant contends: The conviction is not supported by the evidence, there were evidentiary and instructional errors, the trial court abused its discretion in denying his request to release juror identifying information after the verdict was entered, and the prosecutor misstated the law of “accident” in closing argument. We affirm.

Facts

On the evening of March 8, 2012, appellant and his friend Gary Bent drank beer and ingested bath salts (a “designer drug” known as MDVP which mimics…