People v. Munoz

*148Defendant Ryan Munoz appeals from the judgment after a jury convicted him of second degree murder. Munoz, while driving under the influence of alcohol, collided *320with another vehicle on the freeway, killing the passenger and injuring the driver. The prosecution charged him with murder under a theory of implied malice, as permitted under People v. Watson (1981) 30 Cal.3d 290, 179 Cal.Rptr. 43, 637 P.2d 279 ( Watson ).

On appeal, Munoz raises numerous challenges to the trial court's refusal to instruct the jury on any lesser included offenses to murder. He argues that evidence adduced at the…