Can a jury find that a defendant committed second degree murder or involuntary manslaughter but not premeditated murder?

The issue presented by Bolden can be phrased: Does substantial evidence exist from which a reasonable jury could find Bolden committed second degree murder or involuntary manslaughter but not premeditated murder. (People v. Breverman (1998) 19 Cal.4th 142, 162.) We need not, and therefore do not, reach this issue. The absence of instruction on second degree murder and involuntary manslaughter was harmless beyond a reasonable doubt. (Banks, supra, 59 Cal.4th at pp. 1113, 1116 [harmless error test under People v. Watson (1956) 46 Cal.2d 818, 837].) Under this test, "evidence sufficient to warrant an instruction on a lesser included offense does not necessarily

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