Can a defendant be found guilty of manslaughter by reason of implied malice?

On appeal, defendant argues the court erred because, even if implied malice aforethought is present, a defendant may be guilty of manslaughter if he acts with conscious disregard for human life (implied malice) but unintentionally and unlawfully kills in a sudden quarrel or heat of passion. (People v. Blacksher (2011) 52 Cal.4th 769, 832-833, citing People v. Lasko (2000) 23 Cal.4th 101.)

Blacksher, addressing this principle, was decided after defendant's trial here. More fully, People v. Blacksher, supra, 52 Cal.4th at pages 832 and 833, said:

"Murder involves the unlawful killing of a human being with malice aforethought, but a defendant who intentionally commits an unlawful killing without malice is guilty only of voluntary manslaughter. (People v. Breverman (1998) 19 Cal.4th 142, 153.) For purposes of voluntary manslaughter, an intentional unlawful killing can lack malice when the defendant acted under a '"'sudden quarrel or heat of passion'"' or when the defendant acted under '"[an] unreasonable but good faith belief in having to act in self-defense."' (Id. at p. 154.) Two years after the trial here, in People v. Lasko (2000) 23 Cal.4th 101,

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