People v. Farley CA4/3

INTRODUCTION

While inebriated, Austin Jeffrey Farley drove a pickup truck into another vehicle, killing one of its passengers and injuring four others. A jury convicted Farley, as charged, of one count (count 1) of second degree murder (Pen. Code, § 187, subd. (a)), one count (count 2) of driving under the influence causing bodily injury (Veh. Code, § 23153, subd. (a)), and one count (count 3) of driving with a blood-alcohol level of 0.08 percent or more causing bodily injury (id., § 23153, subd. (b)). As to counts 2 and 3, the jury found to be true two enhancement allegations under Penal Code section 12022.7 of infliction of great bodily injury. The trial court sentenced Farley to a prison term of 21 years to life, consisting of the upper term of three years on count 2, a consecutive term of three years for an enhancement on count 2, and a consecutive, indeterminate term of 15 years to life on count 1. Sentence on count 3 and on the enhancements to that count was imposed and execution of sentence was stayed under Penal Code section 654. With respect to each of Farley’s contentions, we conclude: 1. The evidence of implied malice was sufficient to uphold the conviction for second…