Can a jury convict a defendant of second degree implied malice murder based on ordinary negligence?

Seizing on the italicized text, appellants contend the reference to a negligent act allowed the jury to convict them of second degree implied malice murder based on ordinary negligence. However, the instructions clearly stated that implied malice required proof appellants acted or failed to act in conscious disregard of the victim's life - which is a more culpable mental state than ordinary negligence (People v. Watson (1981) 30 Cal.3d 290, 296) - and that is what the prosecutor emphasized in closing argument, as well. At no point was the jury ever told that ordinary negligence could suffice to support a conviction for second degree murder.

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