Can a jury consider a specific intent charge in a second-degree murder case?

Defendant argues the instruction given to the jury informed it that all theories of murder required specific intent to kill. (People v. Rogers, supra, 39 Cal.4th 826.) He notes, however, a person could be found guilty of second degree murder on an implied malice theory, which does not require the specific intent to kill. He contends the instructions effectively prevented the jury from considering this lesser included offense to the charged crime. We disagree.

People v. Rogers is inapposite. There the trial court gave a concurrence instruction informing the jury murder was a specific intent crime. It further instructed "'the crime of murder requires the specific intent to unlawfully kill a human being.'" (People v. Rogers, supra, 39 Cal.4th at pp. 872-873, italics omitted.) This was error as

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