Does a heat of passion manslaughter instruction need to be given?

Notwithstanding that a heat of passion manslaughter instruction was given here, the record does not disclose substantial evidence of objective provocation or heat of passion. Here, as explained above, the court gave the instruction only on defense counsel's request. Therefore, the fact that an instruction was given does not automatically signify that the instruction was warranted by the state of the evidence. (People v. Perez (1992) 2 Cal.4th 1117, 1130 [fact that counsel requested and obtained heat of passion manslaughter instruction does not establish evidence necessitated sua sponte instructions; such instructions are often given out of abundance of caution].) Indeed, the court's comments suggested that the state of the evidence was such as did not warrant a sua sponte instruction.