Is voluntary manslaughter a lesser included offense of murder?

The trial court's duty to instruct on lesser included offenses is well established. "'"That obligation has been held to include giving instructions on lesser included offenses when the evidence raises a question as to whether all of the elements of the charged offense were present [citation], but not when there is no evidence that the offense was less than that charged. [Citations.]"'" (People v. Breverman (1998) 19 Cal.4th 142, 154-155.)

"Voluntary manslaughter is a lesser included offense of murder when the requisite mental element of malice is negated by a sudden quarrel or heat of passion, or by an unreasonable but good faith belief in the necessity of self-defense. 'Only these circumstances negate malice when a defendant intends to kill.' [Citation.]" (People v. Gutierrez (2003) 112 Cal.App.4th 704, 708.) Aguirre did not even argue he acted in self-defense, and there is no evidence of any provocation or heat of passion.