People v. Beatrice Bros.
236 Cal. App. 4th 24
| Cal. Ct. App. | 2015Background
- After reversal, Brothers was recharged with murder and torture; torture count dismissed.
- Trial occurred in December 2005; Gates was beaten, gagged, and killed; Brothers participated.
- Brothers testified she reacted to alleged molestation; evidence was admitted to show state of mind, not truth.
- Jury was instructed on multiple offenses; involuntary manslaughter instruction was not given.
- Jury acquitted of murder, convicted of voluntary manslaughter with a deadly weapon enhancement; sentence 12 years plus 1 year.
- Appellate court AFFIRMED; discussed Bryant, Garcia, Ireland merger doctrine, and related instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to instruct involuntary manslaughter sua sponte | Brothers argues court had sua sponte duty | People/State contends no duty after Bryant | No sua sponte duty; no error |
| Sufficiency of evidence for voluntary manslaughter | Brothers argues insufficient malice evidence | People argues substantial evidence of implied malice | Substantial evidence supports the verdict |
| Application of Ireland/Bryant framework to involuntary manslaughter instruction | Bryant mandates involuntary manslaughter instruction in some cases | Bryant does not require it here | Bryant controls; no duty to instruct given the facts |
Key Cases Cited
- People v. Bryant, 56 Cal.4th 959 (Cal. Supreme Court 2013) (defining malice, implied malice, and involuntary vs. voluntary manslaughter)
- People v. Bryant, 222 Cal.App.4th 1196 (Cal. App. 4th Dist. 2013) (Bryant II; discussion of sua sponte duty and involuntary manslaughter Instruction)
- People v. Garcia, 162 Cal.App.4th 18 (Cal. App. 4th Dist. 2008) ( Garcia-type voluntary manslaughter in inherently dangerous assaultive felonies)
- People v. Ireland, 70 Cal.2d 522 (Cal. Supreme Court 1969) (Ireland merger doctrine; prohibits felony-murder when underlying felony is assault)
- People v. Hansen, 9 Cal.4th 300 (Cal. Supreme Court 1994) (malice and heat of passion/imperfect self-defense framework)
- People v. Burroughs, 35 Cal.3d 824 (Cal. Supreme Court 1984) (broadly defines involuntary manslaughter in noninherently dangerous felonies)
- People v. Guillen, 227 Cal.App.4th 934 (Cal. App. 4th Dist. 2014) (involuntary manslaughter instruction unwarranted when evidence shows intent or conscious disregard)
- People v. Evers, 10 Cal.App.4th 588 (Cal. App. 4th Dist. 1992) (distinguishes malice concepts in homicide cases)