People v. McNally

Opinion

YEGAN, J.

We recently said that “[fjirearms and poor judgment do not mix.” (People v. Vallejo (2013) 214 Cal.App.4th 1033, 1045 [154 Cal.Rptr.3d 341].) This is such a case. Appellant, a federal correctional peace officer used poor judgment with his firearm resulting in the death of a fellow federal correctional peace officer. The jury found that he acted with implied malice and convicted him of second degree murder (Pen. Code, §§ 187, subd. (a), 189) 1 with special findings that he personally used a firearm within the meaning of sections 12022.5, subdivision (a) and 12022.53,…