What is the test for a heat of passion defense theory?
California, United States of America
The following excerpt is from People v. Johnson, B289925 (Cal. App. 2019):
theory where it rejected self-defense based on the same facts. (See People v. Moye (2009) 47 Cal.4th 537, 557 ["the jury having rejected the factual basis for the claims of reasonable and unreasonable self-defense, it is not reasonably probable the jury would have found the requisite objective component of a heat of passion defense (legally sufficient provocation) even had it been instructed on that theory of voluntary manslaughter"].)
The judgment is affirmed.
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