In what circumstances will the jury consider provocation as a factor in determining the degree of murder?

Most importantly, in requiring the jury to consider the degree of murder, the instructions as a whole made clear that this determination was subjective, namely, whether the defendant personally premeditated and deliberated the slaying. Specifically, CALCRIM No. 522 directed the jury to consider provocation on the degree of murder and, in turn, CALCRIM No. 521 set out this test in terms of the defendant's individual state of mind. We presume the jury understood and correlated these instructions. (People v. Sanchez (2001) 26 Cal.4th 834, 852.) The latter instruction stated, "The defendant is guilty of first degree murder if the People have proved that he acted willfully, deliberately, and with premeditation. The defendant acted willfully if he intended to kill. The defendant acted deliberately if he carefully weighed the considerations for and against his choice and, knowing the consequences, decided to kill. The defendant acted with premeditation if he decided to kill before completing the acts that caused death." (CALCRIM No. 521, italics added.)