(Super. Ct. Nos. CM029386, CM030280)
The opinion of the court was delivered by: Robie , J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Leslie Allen Bond, Jr., punched Adam Sigler to the ground, rendering him unconscious. Defendant then got on top of Sigler and punched him some more, causing Sigler's head to "bounce back and forth, kind of like a ping-pong ball." Sigler died. A jury found defendant guilty of second degree murder and assault with means likely to produce great bodily injury.
Defendant appeals from the resulting judgment, contending the People presented insufficient evidence of the implied malice component of second degree murder, and the court abused its discretion in overruling a defense objection to the People's cross-examination of a defense witness. Disagreeing with these contentions, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Defendant and his girlfriend (now wife) Tera Wike were attending a family barbeque at a trailer park where defendant's mother lived. The victim, Adam Sigler, lived in the trailer park with his family.
Defendant and Wike were having a good time at the barbeque, just "talking smack back and forth like [they] do." For a reason unknown to Wike, a person attending the barbeque named Michael Reese (Mike), commented to defendant, "if he wanted to do whatever to women, to do it to him." Mike and defendant ended up in a fistfight, which was broken up by defendant's mother and sister.
Wike decided to leave, and as she was doing so, she unintentionally bumped into defendant with her car. Upset, defendant punched Wike's windshield once, causing a hole in the windshield and damage to the car's quarter panel.
After Wike left, defendant went into his mother's trailer and proclaimed "he was pissed" and was "'fucking killing people.'" He then finished a bottle of Southern Comfort and left her trailer to look for Mike, calling him derogatory names. Defendant's mother had never seen her son so angry.
Defendant ran around the trailer park screaming he was going to "kick Mike's ass." Defendant knocked on several residents' doors, asking for Mike and ...