P. v. Atshemyan
Defendant Andranik Manukovich Atshemyan appeals from the judgment entered after a jury found him guilty of leaving the scene of an automobile accident (Veh. Code, 20001, subd. (a); count 1) and second degree murder (Pen. Code, 187, subd. (a); count 2) and found true the allegation, as to count 1, that defendant personally inflicted great bodily injury upon two victims (id., 12022.7, subd. (a).) The trial court sentenced defendant to state prison for 15 years to life. This appeal followed.
Defendant contends (1) the court improperly denied his request to order a new panel of prospective jurors due to juror misconduct; (2) there was no evidence to support a finding of guilt on count 1 for leaving the scene of an accident; (3) his conviction for second degree murder should be reversed, in that the prosecution failed to meet its burden of proof on the element of implied malice; and (4) the court erroneously refused to provide jury instructions which would clarify the requirements of gross negligence and implied malice. Concluding there is no merit to defendants contentions, Court affirm.
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