Yushchuk

*122 The jury found defendant Andrey Yushchuk guilty of second degree Watson murder (see People v. Watson (1981) 30 Cal.3d 290 , 179 Cal.Rptr. 43 , 637 P.2d 279 ( Watson ) ), misdemeanor drunk driving (DUI) and misdemeanor aggravated DUI (over 0.08 percent blood-alcohol content); it acquitted him of felony DUI-with-injury charges. ( Pen. Code, § 187, subd. (a) ; Veh. Code, § 23152, subds. (a) & (b), *924 12353, subds. (a) & (b).) The trial court sentenced defendant to prison for an unstayed term of 15 years to life. Defendant timely filed this appeal.

Defendant contends (1) the trial court erred in denying his motion to acquit at the close of the People's case-in-chief and (2) the court misinstructed the jury regarding permissive inferences. We disagree and shall affirm.

BACKGROUND

Although defendant claimed not to remember the crash, his primary theory at trial was that he had consumed a large amount of vodka after the crash, *123 from a bottle that had been inside the car, previously unopened, while he was trapped in his car alone and in pain.

Facts

Defendant is a recidivist drunk driver. On the early morning of November 14, 2012, while again driving drunk, he crossed over…