Can a jury convict a defendant of involuntary manslaughter?

The fact that defendant was able to describe the crimes in such detail, as well as act in a cold, calculating manner during the crimes, clearly shows that no reasonable jury could have found defendant guilty of involuntary manslaughter. (See People v. Ochoa, 19 Cal.4th 353, 424, 79 Cal.Rptr.2d 408, 966 P.2d 442.) The trial judge properly declined to instruct the jury on involuntary manslaughter.

Even assuming that the trial court should have given the involuntary manslaughter instruction, any such error was harmless because the jury's guilty verdicts as to burglary and robbery compel the conclusion that the jury rejected defendant's argument that he was intoxicated to the point that he was unaware of his acts. Specifically, the jury had been instructed that voluntary intoxication could negate the specific intent required for robbery and burglary. In returning its burglary and robbery verdicts, therefore, the jury necessarily rejected defendant's argument that his alleged intoxication affected his ability to commit the crimes. "[I]n view of the actual verdict returned by the jury . . . there is no reasonable or plausible basis for finding that the instructional error affected the jury's verdict." (People v. Flood (1998) 18 Cal.4th 470, 505, 76 Cal. Rptr.2d 180, 957 P.2d 869.)

Defendant was charged with first degree felony murder, based on the theory that he murdered Delores Clement during the commission of four different felonies; robbery, burglary, rape, and sodomy. In explaining the elements of these four underlying felonies to the jury, the trial court stated that the crimes of rape and sodomy were general intent crimes. But to be convicted of felony murder, a defendant must have the specific intent to commit one of the enumerated felonies, even if the enumerated felony is a general intent crime, such as rape or sodomy. (See, e.g., People v. Hernandez, supra, 47 Cal.3d at p. 346, 253 Cal.Rptr. 199, 763 P.2d 1289.) In such situations, the prosecution must prove beyond a reasonable doubt that the defendant harbored the specific intent to commit rape or sodomy. (Id. at p. 346, fn. 20, 253 Cal.Rptr. 199, 763 P.2d 1289.) However, the jury was not so instructed. The Attorney General concedes

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that this was error. Defendant argues the instructional error was prejudicial because there was insufficient evidence of his specific intent to commit rape and sodomy.¹¹

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