How have courts reduced the charge of second degree murder from first degree to second degree?

California, United States of America


The following excerpt is from People v. Lopez, A129664 (Cal. App. 2017):

To reduce the offense to second degree murder, premeditation and deliberation may be negated by intoxication or by heat of passion from provocation. (People v. Carasi (2008) 44 Cal.4th 1263, 1306; see People v. Hughes (2002) 27 Cal.4th 287, 342.)

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