People v. Dungan CA2/6

Filed 5/30/24 P. v. Dungan CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B323384 (Super. Ct. No. 19CR10611) Plaintiff and Respondent, (Santa Barbara County)

v.

JOHN RODERICK DUNGAN,

Defendant and Appellant.

John Roderick Dungan drove into oncoming traffic at over a hundred miles per hour, killing the driver of an oncoming car and her two young children. Dungan appeals from the judgment after the jury acquitted him of first degree murder and convicted him of three counts of second degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (b)).1 The trial court sentenced him to 45 years to life in prison. Dungan contends there was insufficient evidence of malice to support convictions…