Is a defendant charged with implied malice murder entitled to a jury instruction on involuntary manslaughter as a lesser included offence?

California, United States of America

The following excerpt is from People v. Camargo, F064077 (Cal. App. 2014):

Camargo, however, bases his argument on a faulty premise. "A defendant claiming that state legislation violates equal protection principles must first demonstrate that the laws treat persons similarly situated in unequal manner." (People v. Timms (2007) 151 Cal.App.4th 1292, 1302.) But not all defendants charged with implied malice murder are entitled to a jury instruction on involuntary manslaughter as a lesser included offense. As explained earlier, a defendant is entitled to an instruction on a lesser included offense only if the record contains substantial evidence of the lesser offense. (People v. Moore (2011) 51 Cal.4th 386, 408-409.) Contrary to Camargo's suggestion,

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