Does a jury have to convict a defendant of involuntary manslaughter based on a charge of reckless driving based upon a finding of criminal negligence?

California, United States of America


The following excerpt is from People v. Jones, F063909 (Cal. App. 2014):

Defendant argues this instruction was erroneous as it neglected to inform the jury that defendant's act must have been committed with criminal negligence. (People v. Cox (2000) 23 Cal.4th 665, 675 [involuntary manslaughter based upon misdemeanor conduct requires a showing the misdemeanor was dangerous to life under circumstances of its commission]; People v. Butler (2010) 187 Cal.App.4th 998, 1008 [conviction of involuntary manslaughter based upon an act amounting to a misdemeanor resulting in another's death requires a finding of criminal negligence].) We need not determine whether the instruction omitted a necessary element because assuming error, it was necessarily harmless.

Other Questions


Does a defendant have to be convicted of involuntary manslaughter to avoid a conviction for the lesser charge of criminal negligence? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
Can a defendant be charged with or convicted of involuntary manslaughter under section 192, subd. (b) of the involuntary manslaughter statute? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Does a defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)
Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)
Does section 654 of the California Criminal Code allow a defendant to be convicted of a single charge of street terrorism and a separate charge of attempted murder for a single drive-by shooting? (California, United States of America)
When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.