People v. Nieto Benitez

Martin Nieto Benitez (defendant) was hit by food thrown during roughhousing near a food truck, argued with Guero, then retrieved a loaded handgun from his apartment and returned. As Guero dropped a broomstick and lunged at him, Nieto Benitez drew the gun with his finger on the trigger; it fired and killed Guero. He was convicted of second-degree murder on an implied-malice theory. The court of appeal reversed, reasoning that merely brandishing a gun (unlike firing one) could not support implied malice. The State appealed.