Wolfe

*418 *677 Defendant Kelly Michele Wolfe killed an innocent pedestrian while driving under the influence of alcohol. The prosecution charged Wolfe with an implied malice murder (colloquially known as a Watson murder). 1 The trial court refused to instruct the jury on involuntary or vehicular manslaughter; it is well-settled that these are not lesser included offenses. The court also instructed the jury that voluntary intoxication was not a defense to an implied malice murder; this is also an accurate statement of California law.

The jury convicted Wolfe of murder and other offenses. Wolfe makes three claims: the evidence was insufficient to sustain the murder conviction, the failure to allow a manslaughter instruction as a lesser included offense violates the equal protection clause, and the failure to allow voluntary intoxication as a defense violates due process.

We disagree and affirm the judgment.

I

FACTS AND PROCEDURAL BACKGROUND

On July 4, 2013, at about 8:30 p.m., Wolfe left a San Clemente bar and was driving to her nearby home when she struck and killed a pedestrian. Wolfe's blood-alcohol content (BAC) was about .34 percent. The evidence at trial encompassed: Wolfe's…