California Court of Appeal

The trial court does not have a sua sponte duty to instruct on a misdemeanor target offense, not identified by the prosecutor, which would support an involuntary manslaughter verdict, where the prosecutor relies on a theory of implied malice crime, second degree murder, and natural and probable consequences of aiding and abetting.

Appellate Information

• Decided 06/24/2002
• Published 06/24/2002

Judges

• TURNER, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Kathy M. Chavez, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Robert F. Katz, Supervising Deputy Attorney General, Michael R. Johnson, Deputy Attorney General, for Plaintiff and Respondent.