Can a defendant be charged with second degree murder in connection with a vehicular homicide where the facts surrounding the crime support a finding of implied malice?

California, United States of America


The following excerpt is from People v. Vasquez, F060223, Super. Ct. No. F08906873 (Cal. App. 2011):

Appellant asserts the trial court abused its discretion under Evidence Code section 352 when it allowed the prosecution to present evidence of each of appellant's three prior DUI convictions and related factual information, such as appellant's blood alcohol level in one of the prior convictions. Second degree murder may be charged in connection with a vehicular homicide where the facts surrounding the offense support a finding of implied malice. (People v. Watson (1981) 30 Cal.3d 290, 294 (Watson))"[M]alice may be implied when a person, knowing that his conduct endangers the life of another, nonetheless acts deliberately with conscious disregard for life. [Citations.]" (Id. at p. 296.) Determining implied malice requires a showing the defendant actually appreciated the risk involved. (Id. at pp. 296-297.)

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