California, United States of America
The following excerpt is from People v. Tribble, 2d Crim. No. B208015 (Cal. App. 1/27/2010), 2d Crim. No. B208015. (Cal. App. 2010):
Tribble contends the evidence is insufficient to support his conviction for second degree murder. We disagree. In deciding the sufficiency of the evidence, we draw all reasonable inferences from the record to support the judgment. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) We do not weigh the evidence or decide the credibility of the witnesses. (Ibid.)
Tribble claims that evidence does not satisfy the two elements required for a conviction of second degree murder. A conviction for this offense is appropriate "when the conduct in question can be characterized as a wanton disregard for life, and the facts demonstrate a subjective awareness of the risk created." (People v. Watson (1981) 30 Cal.3d 290, 298.)
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