What is the probability that counsel intentionally refrained from requesting a pinpoint instruction in a heat of passion defense?

probability that defense counsel intentionally refrained from requesting a pinpoint instruction in the hope that he could persuade the jury to convict on the lesser offense, in lieu of the greater. Indeed, defendant argues at length that there was substantial evidence to support a heat of passion theory of voluntary manslaughter. Apparently, defense counsel considered this the better strategy, and that to emphasize the issue of the sufficiency of the provocation would detract from that strategy. It is not unusual for an attorney to gamble on a stronger theory of defense by seeking to omit nonmandatory instructions regarding weaker theories. (See People v. Barton (1995) 12 Cal.4th 186, 196-197.)