The following excerpt is from Gonzalez v. Lizarraga, No. 2:15-cv-1961 WBS GGH P (E.D. Cal. 2016):
Cal. Penal Code 188. Implied malice exists "when a defendant is aware that he is engaging in conduct that endangers the life of another." People v. Cravens, 53 Cal.4th 500, 507 (2012).
Second degree murder, for which petitioner stands convicted after appeal, contains the same elements as first degree murder, but without the additional elements of willfulness, premeditation, and deliberation, which first degree murder requires. People v. Sandoval, 62 Cal.4th 394, 424, 2015 WL 9449719 at *19 (Dec. 24, 2015).
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