How has the jury been instructed on the prosecution's theory that defendant committed involuntary manslaughter by performing a lawful act with criminal negligence?

California, United States of America


The following excerpt is from People v. Luo, 16 Cal.App.5th 663, 224 Cal.Rptr.3d 526 (Cal. App. 2017):

instructed on the applicable law. " ( People v. Ramos (2008) 163 Cal.App.4th 1082, 1089, 78 Cal.Rptr.3d 186.) As explained below, we find no error in the jury instructions.

1. No Instruction Required on Distinct Acts Forming the Basis of "Construction of a Residence"

The trial court instructed the jury on the prosecution's theory that defendant committed involuntary manslaughter by performing a lawful act with criminal negligence. The instruction regarding the elements of involuntary manslaughter specified the lawful act that defendant performed as "construction of a residence" in Milpitas, California. Defendant argues this instruction was inadequate because the trial court should have further defined for the jury what distinct acts were included within "construction of a residence." But the instruction is a pattern jury instruction that correctly states the applicable law ( CALCRIM No. 581 ), and defendant never proposed an alternative or additional instruction further defining "construction of a residence."4 Since defendant did not propose a different or additional instruction defining the term, he forfeited any claim of instructional error. ( People v. Jackson (1996) 13 Cal.4th 1164, 12281229, 56 Cal.Rptr.2d 49, 920 P.2d 1254 [failure to request an instruction waives the issue on appeal].)

Other Questions


Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Is there an undue "chilling effect" on the procedural rights of criminal defendants when the jury instructs a criminal defendant to testify before the jury that he will be cross-examined? (California, United States of America)
Does Section 654, subdivision (a) of the California Criminal Code apply to a defendant who has committed a criminal offence under the same law? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, Section 654 of the Criminal Code protect a defendant against prosecution for an act or omission committed during a course of conduct deemed to be indivisible in time? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Is there any case law where a properly instructed jury would have acquitted defendant of criminal threat but convicted her of making criminal threat? (California, United States of America)
Can a defendant be charged with or convicted of involuntary manslaughter under section 192, subd. (b) of the involuntary manslaughter statute? (California, United States of America)
In a criminal case charging defendants with holding other persons in slavery or involuntary servitude in violation of federal law, what is the state of the law on the issue? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.