P. v. Briseno CA5
-ooOoo- Defendant and appellant Marc Briseno (appellant) was convicted by a jury of second degree murder. On appeal, he contends (1) insufficient evidence supported the jury’s finding that he acted with malice, and (2) the trial court erred by refusing to instruct on the lesser included offense of involuntary manslaughter based on unconsciousness. We affirm.
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