P. v. Vasquez CA2/3
Under California law, the trial judge in a criminal case must instruct the jury on all lesser-included offenses supported by substantial evidence. And under the federal constitution, a criminal defendant has the right to present a complete defense to the charged crime. That protection includes the right to instructions on the defense theory of the case. Here, defense counsel requested an instruction on the lesser-included offense of involuntary manslaughter—an unlawful killing without malice. Counsel conceded that defendant Tyshaun Vasquez administered a beating that killed Eddie Ray Smith, Jr., but argued defendant was not subjectively aware his actions could be deadly because Smith had a hidden spinal injury (metal rods had been placed in his neck in a prior surgery), the fatal injury was immediately adjacent to the metal rods, and the victim’s other injuries were relatively minor.
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