What is the test for a jury to convict a defendant of murder on the information charged in counts 3 and 10 of the charge of manslaughter?

California, United States of America


The following excerpt is from People v. Monterroso, 101 P.3d 956, 22 Cal.Rptr.3d 1, 34 Cal.4th 743 (Cal. 2004):

The information charged murder in counts 3 and 10. As defendant points out, however, a portion of the instructions concerning lesser included offenses mistakenly referred to different counts: "If you are not satisfied beyond a reasonable doubt that the defendant is guilty of the crime charged, you may nevertheless convict him of any lesser crime, if you are convinced beyond a reasonable doubt that the defendant is guilty of such lesser crime. [] The crime of voluntary manslaughter

[22 Cal.Rptr.3d 21]

is lesser to that charged in counts 1 and 5." In reality, count 1 charged commercial burglary, and count 5 charged false imprisonment. Fearing that the jury was thereby prevented from returning a verdict of manslaughter as a lesser offense to murder, defendant asserts his murder convictions must be reversed. When, however, the jury instructions are considered as a whole, it is not reasonably likely the jury misunderstood the role of the manslaughter instruction. (People v. Kelly (1992) 1 Cal.4th 495, 525-527, 3 Cal. Rptr.2d 677, 822 P.2d 385.)

[22 Cal.Rptr.3d 21]

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