What is the test for a jury to determine whether a murder was a second degree murder?

And, in any event, we can discern no prejudice. There was overwhelming evidence of premeditation. (People v. Sakarias (2000) 22 Cal.4th 596, 621.) The jury rejected that the crime was second degree murder, and therefore, the jury necessarily concluded that the crime did not result from "sudden" passion or self-defense, but instead resulted from deliberate reflection.

As a corollary to defendant's voluntary manslaughter argument, defendant contends the trial court had a sua sponte duty to instruct the jury with CALCRIM No. 522, which provides that: "Provocation may reduce a murder from first degree to second degree. The weight and significance of the provocation, if any, are for you to decide. [] If you conclude that the defendant committed murder but was provoked, consider the provocation in deciding whether the crime was first or second degree murder." Defendant did not request a pinpoint instruction on this theory, and therefore any claim of error has been forfeited. (People v. Cole, supra, 33 Cal.4th at p. 1211 [no sua sponte obligation to give pinpoint instruction on provocation, and the failure to

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