People v. Murphy

Filed 06/30/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B306773

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA074601) v.

DAVION DEMETRIOUS

MURPHY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed with directions. Stephen M. Vasil, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Michael R. Johnsen, Supervising Deputy Attorney General, and David Williams, Deputy Attorney General for Plaintiff and Respondent.

________________________ Davion Demetrious Murphy appeals from the judgment entered on his three convictions for second degree murder. (Pen. Code, § 187, subd. (a).).1 Murphy argues the evidence supporting his convictions is insufficient because the prosecution failed to prove he acted with implied malice when, while under the influence of marijuana, he drove his car at nearly 90 miles per hour through…