P. v. Ashton CA4/1
A jury convicted David Ashton of second degree murder following his fatal assault of his girlfriend, Regina Moore. (Pen. Code, § 187, subd. (a).) Ashton argues his conviction must be reduced to involuntary manslaughter because there was insufficient evidence to support a finding of implied malice. He also seeks a new trial for the exclusion of evidence relevant to whether he acted with implied malice.
Following the framework set forth in People v. Cravens (2012) 53 Cal.4th 500 (Cravens), we conclude there was sufficient evidence for a reasonable jury to find that Ashton acted with implied malice. Although the trial court erred in excluding evidence relevant to his defense, the error was harmless. Accordingly, we affirm.
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