What is the test for a jury to decide whether a defendant is guilty of the lesser included charge of attempted voluntary manslaughter?

California, United States of America

The following excerpt is from People v. Booker, B286842 (Cal. App. 2019):

Attempted voluntary manslaughter is a lesser included offense of attempted murder. (People v. Prunty (2015) 62 Cal.4th 59, 69.) A trial court must instruct, sua sponte, on all theories of a lesser included offense that are supported by substantial evidence, but not those without such evidentiary support. (People v. Breverman (1998) 19 Cal.4th 142, 162.) "[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.]" (Ibid.)

Page 10

2. Analysis

a. Imperfect self-defense

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