People v. Dellinger

*1215Opinion

EAGELSON, J.

We granted review in this case to determine whether CALJIC No. 8.11 (1983 rev.) (4th ed. pocket pt.), the standardized instruction defining implied malice, adequately informs the jury that implied malice requires a finding of the defendant’s subjective awareness or appreciation of the life-threatening risk created by his conduct. For the reasons set forth hereafter, we conclude that it does.

Although we hold that the “wanton disregard for human life” definition of implied malice embodied in the 1983 revision of CALJIC No. 8.11 independently conveys the “subjective awareness”…