What is the current state of the law on involuntary manslaughter?

This court recently addressed that question in People v. Brothers (Apr. 21, 2015, B255043 ___ Cal.App.4th ___ [2015 Cal.App.LEXIS 332] (Brothers). After reviewing the relevant case authority on voluntary and involuntary manslaughter, we concluded that "if an unlawful killing in the course of an inherently dangerous assaultive felony without malice must be manslaughter [citation] and the offense is not voluntary manslaughter [citation], the necessary implication of the majority's decision in Bryant is that the offense is involuntary manslaughter." (Id. at [p. 10].) Therefore, "when the evidence presents a material issue as to whether a killing was committed with malice, the court has a sua sponte duty to instruct on involuntary manslaughter as a lesser included offense, even when the killing occurs during the commission of an aggravated assault. [Citations.] However, when . . . the defendant indisputably has deliberately engaged in a type of aggravated assault the natural consequences of which are dangerous to human life, thus satisfying the objective component of implied malice as a matter of law, and no material issue is presented as to whether the defendant subjectively appreciated the danger to human life his or her conduct posed, there is no sua sponte duty to instruct on involuntary manslaughter. [Citation.]" (Id. at [p. 12].)