People v. Barbero CA1/3

Filed 10/6/22 P. v. Barbero CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A160615

v. JENNIFER BARBERO, (Alameda County Super. Ct. No. 17-CR-018430) Defendant and Appellant.

Defendant Jennifer Barbero struck and killed a man while driving under the influence (DUI) of alcohol and cocaine. Based on defendant’s history of multiple prior DUI arrests and convictions, the prosecution charged defendant with murder under a theory of implied malice pursuant to People v. Watson (1981) 30 Cal.3d 290 (Watson) (known as Watson murder), and a jury found her guilty of second degree murder. On appeal, defendant raises numerous challenges to her conviction. She contends she was deprived of her constitutional rights…