No. B281178.

30 Cal.App.5th 786 (2018)

THE PEOPLE, Plaintiff and Respondent, v. TYSHAUN VASQUEZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

December 27, 2018.

Attorney(s) appearing for the Case

Emry J. Allen , under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Susan Sullivan Pithey and Michael J. Wise , Deputy Attorneys General, for Plaintiff and Respondent.



Under California law, the trial judge in a criminal case must instruct the jury on all lesser included offenses supported by substantial evidence. Here, defense counsel requested an instruction on the lesser included offense of involuntary manslaughter — an unlawful killing without...

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