Orr

—In a one-count information, appellant Connie Maria Orr was charged with murder (Pen. Code, § 187, subd. (a)) in the May 1989 beating death of Willie Stenson, with whom she lived. She claimed self-defense and that she suffered from battered woman’s syndrome. A jury found appellant not guilty of murder and of the uncharged lesser included offense of involuntary manslaughter (§ 192, subd. (b)). It was unable to decide whether she had committed the uncharged lesser included offense of voluntary manslaughter (§ 192, subd. (a)), and the court declared a mistrial as to that matter. In anticipation of a retrial on voluntary manslaughter, appellant entered a plea of not guilty on the ground that she had been once in jeopardy (§ 1023) and moved for dismissal. The court denied the motion. In a subsequent court trial, appellant was found guilty of voluntary manslaughter, and the allegation that she personally had used deadly and dangerous weapons—the victim’s crutch and a bottle—was found true (§ 12022, subd. (b)).

Appellant contends that the principle of double jeopardy barred the second trial, asserting that involuntary manslaughter is a lesser included offense of voluntary…