Is gross vehicular manslaughter a lesser included crime to murder?

California, United States of America


The following excerpt is from People v. Molina, B253056 (Cal. App. 2015):

Because we find the trial court was not required to instruct the jury on gross vehicular manslaughter and misdemeanor vehicular manslaughter as lesser included offenses to murder, we do not conduct a harmless error analysis. (See People v. Miramontes (2010) 189 Cal.App.4th 1085, 1103.)

The judgment is affirmed.

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