In People v. Guillen (2014) 227 Cal.App.4th 934, the victim was in a local jail and was beaten and kicked to death by other inmates who believed he was a child molester. The other inmates were convicted of second degree murder and, on appeal, argued that the trial court erred in failing to instruct on a theory of negligent involuntary manslaughter. In rejecting this contention, the court stated: "Here, the record is devoid of evidence from which a reasonable jury could conclude appellants were guilty of involuntary manslaughter on the theory they were criminally negligent. The evidence detailed above demonstrates each appellant committed an act endangering the victim's life, i.e., each appellant participated in the assault by hitting, kicking, or stomping the victim. Additionally, there was evidence each appellant realized the danger and acted in total disregard of that danger. There was evidence each appellant participated in or was sufficiently aware of the CAR system and that child molesters were despised in jail and there were no rules for taxing child molesters. Based on the record before us, there is no question each appellant knew the risk involved to the victimwhen they violently attacked him. This was a case where each of the appellants, if he was guilty at all, was guilty of the greater offense of second degree murder and not of the lesser included offense of involuntary manslaughter. Thus, the trial court did not err in failing to instruct the jury sua sponte on the lesser included offense of involuntary manslaughter based on a noninherently dangerous felony assuming that is a legally correct theory of law." (Guillen, supra, 227 Cal.App.4th at pp. 1027-1028.)