California, United States of America
The following excerpt is from People v. Verdugo, 113 Cal.Rptr.3d 803, 236 P.3d 1035, 50 Cal.4th 263 (Cal. 2010):
Although there is some evidence that there was a collision, there is no evidence that Rodriguez was responsible for the collision or that defendant killed Rodriguez in a heat of passion due to the collision. (See People v. Holloway (2004) 33 Cal.4th 96, 140, 14 Cal.Rptr.3d 212, 91 P.3d 164 [no evidence of consensual sexual encounter on which claim of provocation was predicated]; cf. People v. Barton (1995) 12 Cal.4th 186, 191, 202, 47 Cal.Rptr.2d 569, 906 P.2d 531 [victim nearly collided with, and spat on, the defendant's daughter's car during traffic incident; an argument ensued between the defendant and the victim; voluntary manslaughter instruction was appropriate].)
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