Does the court instruct a jury to convict a defendant of heat of passion voluntary manslaughter rather than second-degree murder?

Thus, given the court's instruction on first and second degree murder, the jury, in convicting [Petitioner] of first degree murder rather than second degree murder, implicitly found [Petitioner] acted with deliberation and premeditation and rejected the notion he acted "rashly, impulsively, or without careful consideration" (CALCRIM No. 521). (People v. Hinton (2006) 37 Cal.4th 839, 871 [on appeal we presume the jury understood and followed trial court's instructions].) And as indicated above, to convict of heat-of-passion voluntary manslaughter, a jury must conclude the accused "acted rashly" and "without due deliberation." (CALCRIM No. 570.) Under these circumstances, it is extremely unlikely, and certainly not reasonably probable, that the jury would have convicted [Petitioner] of heat of passion voluntary manslaughter had the court instructed on that offense.

(See Answer Ex. A.)