Is implied malice permitted a jury to convict a defendant of first degree murder based upon implied malice?

Defendant asserts that the trial court's instructions erroneously authorized the jury to find him guilty of first degree murder based upon a finding of implied malice. " 'In reviewing [a] purportedly erroneous instruction[], "we inquire 'whether there is a reasonable likelihood that the jury has applied the challenged instruction in a way' that violates the Constitution." [Citation.] In conducting this inquiry, we are mindful that " 'a single instruction to a jury may not be judged in artificial isolation, but must be viewed in the context of the overall charge.' " [Citations.]' [Citation.] 'Additionally, we must assume that jurors are intelligent persons and capable of understanding and correlating all jury instructions which are given.' [Citation.]" (People v. Richardson (2008) 43 Cal.4th 959, 1028 (Richardson).) The instructions in the present case correctly, but unnecessarily, explained "implied malice." The instructions did not, however, inform the jury that it could find first degree murder based upon implied malice. Nor is there a reasonable likelihood that the jury would have understood the instructions to

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