People v. VANEGAS

Opinion

JOHNSON, J.

Defendant Jose Vanegas challenges his conviction for second degree murder. He contends the trial court erred in prohibiting his expert witness from testifying to a portion of a report by another expert on which his expert based his opinion. He further contends the trial court erred in instructing the jury that for purposes of determining implied malice a violation of California’s “basic speed law” is an act inherently dangerous to human life. We reverse the second degree murder conviction and affirm the remainder of the judgment.

FACTS AND PROCEEDINGS BELOW

At approximately…