Vasquez

*789 INTRODUCTION

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 malice. Counsel conceded that defendant Tyshaun Vasquez administered a beating that killed Eddie Ray Smith, Jr., but argued that 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 *790 immediately adjacent to the metal rods, and the victim's other injuries were relatively minor. Defendant contends that the trial court should have granted his instructional request because there was substantial evidence to support the instruction and that the error was prejudicial. We agree and reverse the judgment.

PROCEDURAL BACKGROUND

By information filed January 6, 2016, defendant and codefendant Jordan E. were each charged with one count of special-circumstance first degree murder ( Pen. Code, 2 §§ 187, subd. (a), 190.2, subd. (a)(17) ; count 1) and one count of…