What is the test for implied malice second degree murder?

The evidence in the instant case overwhelmingly supports a finding of implied malice. Defendant had already been warned that he could be charged with murder if he killed someone while driving under the influence. Unfortunately, he drove again after drinking. He drove with a blood alcohol content greatly in excess of the legal limit. He was speeding at 75 miles per hour or faster down a city street, he ran multiple red lights, before tragically ending the lives of two innocent individuals. It is not reasonably probable a jury would have found that he did not appreciate the risk involved in his actions or act in wanton disregard for human life. (People v. Ortiz, supra, 109 Cal.App.4th at pp. 109-110.) Defendant's conviction for implied malice second degree murder will not be disturbed.

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The judgment is affirmed.