P. v. Bontempo CA1/4
A jury convicted defendant Joseph Bontempo of the second degree murder of his wife. (Pen. Code, § 187, subd. (a).) The trial court sentenced him to prison for 15 years to life. In this appeal, defendant contends that the jury should not have been instructed on second degree murder based on implied malice, that California’s “inherently dangerous act” theory of second degree murder is unconstitutionally vague, and that the court erred in refusing to give a “pinpoint” instruction regarding provocation. We shall affirm the judgment.
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