How does a subjective standard for provocation negate the elements of premeditation and deliberation?

California, United States of America


The following excerpt is from People v. Pimentel, E063608 (Cal. App. 2017):

to instruct further. If defendant wanted a pinpoint instruction on how a subjective standard for provocation could negate the elements of premeditation and deliberation, he could have requested it, but he did not. (See also People v. Hernandez (2010) 183 Cal.App.4th 1327, 1331 ["Once the trial court adequately instructs the jury on the law, it has no duty to give clarifying or amplifying instructions absent a request."].) There was no error in failing to give a pinpoint instruction that defendant did not request.

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