What is the test for a heat of passion crime?

California, United States of America


The following excerpt is from People v. McDaniels, B250574 (Cal. App. 2015):

"Where an intentional and unlawful killing occurs 'upon a sudden quarrel or heat of passion' ( 192, subd. (a)), the malice aforethought required for murder is negated, and the offense is reduced to voluntary manslaughtera lesser included offense of murder." (People v. Carasi (2008) 44 Cal.4th 1263, 1306.) Similarly, an attempted killing upon sudden quarrel or heat of passion reduces the offense of attempted murder to attempted voluntary manslaughter. (People v. Williams (1988) 199 Cal.App.3d 469, 475.)

"A heat of passion theory . . . has both objective and subjective components." (People v. Moye (2009) 47 Cal.4th 537, 549 (Moye).) To satisfy the objective component, the claimed provocation must be sufficient to "cause an ordinary person of

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