California, United States of America
The following excerpt is from People v. Butler, B236056 (Cal. App. 2013):
The sequence of events was simply not one that would cause an ordinary person of average disposition to act in the heat of passion. Defendant contends that a jury could have found provocation from the verbal altercation in the bar. But there was no testimony that Shepherd flashed gang signs or shouted the Bloods gang name or "battle cry." This claim is without merit because the yardstick is not how defendant or an active gang member would react. Defendant is not entitled to set up his own standard of conduct. (People v. Manriquez, supra, 37 Cal.4th at p. 584 [defendant cannot create an unreasonably heightened sense of injustice in order to justify his conduct].)
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