What is the legal test for first degree murder?

"First degree murder is an unlawful killing with malice aforethought, premeditation, and deliberation. [Citation.] Malice may be express (intent to kill) or implied (intentional commission of life-threatening act with conscious disregard for life). [Citation.] Second degree murder is an unlawful killing with malice, but without the elements of premeditation and deliberation which elevate the killing to first degree murder." (People v. Hernandez (2010) 183 Cal.App.4th 1327, 1332.)

Because the distinguishing elements are premeditation and deliberation, if the evidence demonstrates a murder resulted from the defendant being provoked by another's conduct to a degree that negates his or her pensive and reflective mental state, then the crime is second degree murder. (People v. Ward (2005) 36 Cal.4th 186, 215; People v. Hernandez, supra, 183 Cal.App.4th at p. 1332.) This is distinguishable from a situation in which the provocation is such that a reasonable person would react with deadly passionan objective standard. Under the latter circumstance, "the defendant is

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deemed to have acted without malice so as to further reduce the crime to voluntary manslaughter." (Ibid.)