Childress

MEMORANDUM **

This appeal from the denial of a petition for a writ of habeas corpus arises out of petitioner’s conviction of second-degree murder, predicated on implied malice, and vehicular homicide. We affirm.

The appeal is grounded on two errors in jury instructions relating to the elements of the offense of murder in the second-degree based on implied malice. The first deals with the initial jury instructions. *978 The second deals with a response the judge gave to a note from the jury.

Specifically, the trial judge charged the jury that the offenses of second-degree murder and manslaughter required a showing of general intent and that, “[w]hen a person intentionally does that which the law declares to be a crime, he or she is acting with general criminal intent even though he or she may not know that his action would be unlawful.” This instruction, which reflected the language of CALJIC No. 3.80, should not have been given. Nevertheless, although the trial judge gave this instruction at the outset with respect to both the second-degree murder and the vehicular homicide offenses, three pages later in the transcript, when he specifically charged on murder in the…