What is implied malice for a second degree murder charge?

A second degree murder conviction based on implied malice has been affirmed where the evidence showed the defendant drove to a bar or other location with the intention of drinking alcohol and then driving. (See, e.g., People v. Batchelor, supra, 229 Cal.App.4th at p. 1115 [affirming murder conviction where the defendant drove to a bar in order to drink with a friend and intended to drive the friend home after drinking].)

A defendant's prior drunk driving convictions, or attendance at educational programs highlighting the hazards of driving while intoxicated, have also been held to establish implied malice based on the defendant's subjective understanding and conscious disregarding of the risk to human life created by driving while intoxicated. (See, e.g., People v. Marlin (2004) 124 Cal.App.4th 559, 572 [defendant's eight prior convictions for driving under the influence of alcohol provided sufficient basis for no contest plea to implied malice murder charge]; People v. McCarnes (1986) 179 Cal.App.3d 525, 532 [defendant's prior convictions for driving under the influence and attendance at driver's education program as required by sentences on those convictions admissible to show implied malice].)

With this background in mind, we turn to the charge in this case and defendant's appellate arguments.