PEOPLE v. TAYLOR

No. A095412.

127 Cal.Rptr.2d 443 (2002)

103 Cal.App.4th 1275

The PEOPLE, Plaintiff and Respondent, v. Harold Wayne TAYLOR, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

Review Granted February 19, 2003.


Attorney(s) appearing for the Case

Joseph Shipp, Sebastapol, for appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Catherine A. McBrien, Deputy Attorney General, for respondent.


Certified for Partial Publication.*

REARDON, J.

Harold Wayne Taylor (appellant) killed Patty Fansler and the 11-to-13 week-old fetus she was carrying. He did not know Ms. Fansler was pregnant, nor was her pregnancy apparent. Do these facts support an inference of implied malice sufficient to sustain a second degree fetal murder conviction? They do not, and accordingly we reverse that conviction for insufficient evidence but affirm...

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