Does a court have a sua sponte duty to instruct on involuntary manslaughter?

California, United States of America


The following excerpt is from People v. Romero, F073680 (Cal. App. 2018):

Even if the trial court had a sua sponte duty to instruct on involuntary manslaughter, it is not reasonably probable the jury would have found that defendant did not appreciate the risk involved in his actions or act in wanton disregard for human life. (People v. Ortiz, supra, 109 Cal.App.4th at pp. 109-110.)

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