Is a jury allowed to consider a defense counsel's request for instructions under the heat of passion as a lesser included offense of attempted murder?
California, United States of America
The following excerpt is from People v. Christian, A140566 (Cal. App. 2014):
The trial court denied defense counsel's request for jury instructions on attempted voluntary manslaughter as a lesser included offense of attempted murder, based on theories of both heat of passion and imperfect self-defense. (See People v. Millbrook (2014) 222 Cal.App.4th 1122, 1136-1137.) Appellant contends the denial of the instruction under the heat of passion theory was prejudicial error. We disagree.
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