Is there any evidence of involuntary manslaughter sufficient to compel a jury to convict a defendant of a lesser included crime?

California, United States of America


The following excerpt is from People v. Tran, G040318 (Cal. App. 8/31/2009), G040318 (Cal. App. 2009):

At oral argument, defendant suggested the underlying misdemeanor could have been either solicitation of prostitution or misdemeanor assault. But this is still speculative. And even if there was some evidence, it is insufficient. "[T]he existence of `any evidence, no matter how weak' will not justify instructions on a lesser included offense, but such instructions are required whenever evidence that the defendant is guilty only of the lesser offense is `substantial enough to merit consideration' by the jury. [Citations.] `Substantial evidence' in this context is `"evidence from which a jury composed of reasonable [persons] could . . . conclude[]"' that the lesser offense, but not the greater, was committed. [Citations.]" (People v. Breverman (1998) 19 Cal.4th 142, 161, italics added.) There was not substantial evidence of involuntary manslaughter that would warrant an instruction, much less require it sua sponte.

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