What is the prosecution's burden of proof and whether implied malice requires a finding of malice?

As for references to the prosecution's burden of proof and whether the doctrine of implied malice requires a finding of "malice of the heart," the judge told the jury he was responsible for explaining the law and their responsibility lay in determining the facts. We presume jurors are intelligent and follow the court's instructions. (People v. Hovarter (2008) 44 Cal.4th 983, 1005.) In any event, we are not persuaded the jury misapplied the court's instructions on mental state.