Molina

Appellant Stephanie Heather Molina was found guilty of second degree murder while using a knife (Pen. Code, §§ 187, 12022, subd. (b)), found not guilty by reason of insanity, and committed to the California Department of Mental Health for a period not to exceed 15 years to life, She contends that the trial court committed reversible error at her guilt trial by refusing requested instructions on the lesser included offenses of voluntary and involuntary manslaughter. We agree, and reverse.

Appellant admitted the homicide of her 18-month-old son. The issue below was only the degree of her culpability. Over the prosecutor’s objection, the trial court properly permitted the defense to present evidence on the issue of appellant’s actual ability to form the requisite mental states for the crime. The court also instructed the jury to utilize the evidence of mental illness in deciding whether appellant actually formed the requisite mental states. The court refused, however, to instruct on voluntary or involuntary manslaughter. The jurors therefore had no option other than acquittal if they determined that appellant had been unable to form malice or the intent to kill.

The…