People v. Talamantes

Opinion

WOODS (Fred), J.

Driving under the influence of alcohol, appellant struck a car and killed its driver. A jury convicted him of second degree murder (Pen. Code, § 187. Unless otherwise noted, statutory references are to the Penal Code) and other related charges. On appeal he contends: (1) there is insufficient evidence of implied malice to sustain the murder conviction, (2) the trial court committed instructional error, and (3) he was prejudiced by wearing jail clothing during the trial. We find no error and affirm the judgment.

Procedural and Factual Background

Appellant was charged with…