Can a jury in a motor vehicle accident be found guilty of involuntary manslaughter?

Defendant's jury was fully instructed on all theories of murder, voluntary manslaughter, and involuntary manslaughter as well as excusable homicide. It is well settled that "'"[e]rror in failing to instruct the jury on a lesser included offense is harmless when the jury necessarily decides the factual questions posed by the omitted instructions adversely to defendant under other properly given instructions."'" (People v. Beames (2007) 40 Cal.4th 907, 928.) The jurors were instructed that if they found the victim's death was solely the result of defendant's assault, the crime was deemed involuntary manslaughter. However, the jury rejected that theory, finding instead defendant acted in the heat of passion in killing the victim and deeming his actions voluntary manslaughter. Any failure to instruct the jury that it must find an additional element, namely criminal negligence, before it could find defendant committed the crime of involuntary manslaughter could not have affected the verdict where the jury had already rejected such a theory on lesser elements. Thus, defendant did not suffer any prejudice.

The judgment is affirmed.