Is there a sua sponte duty to instruct the jury on voluntary manslaughter as a lesser offense to murder?

California, United States of America


The following excerpt is from People v. Lagunas, E054693 (Cal. App. 2013):

Under the facts in the instant case, the trial court adequately instructed the jury on voluntary manslaughter as a lesser offense to murder. There was no sua sponte duty to instruct on assault because it was not relied on by the prosecution as a potential target offense. (People v. Prettyman (1996) 14 Cal.4th 248, 268-269.) With regard to instruction on involuntary manslaughter as a lesser offense to murder, there was not substantial evidence of involuntary manslaughter, since the evidence established that

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