Does a defendant have to be convicted of involuntary manslaughter to avoid a conviction for the lesser charge of criminal negligence?
California, United States of America
The following excerpt is from People v. Harris, A131757 (Cal. App. 2013):
We disagree with defendant's logic. Involuntary manslaughter is not a lesser included offense of voluntary manslaughter (People v. Orr (1994) 22 Cal.App.4th 780, 784 (Orr)), and criminal negligence is not a "lesser included mental state" of implied malice. For that reason, it does not follow that acquittal of the lesser offense of involuntary manslaughter precludes conviction for the greater offense of voluntary manslaughter.
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