P. v. Superior Court
While fleeing from a police officer, appellant, Federico Sanchez Anguiano, drove 85 miles per hour on city streets at night with the lights off, wove in and out of traffic, and crashed his vehicle into a parked flatbed trailer. The impact killed appellant’s girlfriend. At the time of the crash, appellant was under the influence of methamphetamine.
On appeal, appellant challenges his conviction for second degree murder. (Pen. Code[1], § 187, subd. (a).) According to appellant, the evidence was insufficient to establish that he acted with implied malice.
Implied malice requires a finding that the defendant was subjectively aware that his conduct was dangerous to human life. Appellant argues the evidence does not prove beyond a reasonable doubt that he knew that driving under the influence of methamphetamine was dangerous to human life and thus this subjective component of implied malice was not satisfied. Appellant further contends the evidence regarding the effects of meth
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