What is the test for a murder conviction under the provocative act doctrine?

police officer kills in reasonable response to such act, the defendant is guilty of murder." ( Id . at p. 704, 47 Cal.Rptr. 909, 408 P.2d 365.) "The provocative act murder doctrine has traditionally been invoked in cases in which the perpetrator of the underlying crime instigates a gun battle, either by firing first or by otherwise engaging in severe, life-threatening, and usually gun-wielding conduct, and the police, or a victim of the underlying crime, responds with privileged lethal force by shooting back and killing the perpetrator's accomplice or an innocent bystander." ( People v. Cervantes (2001) 26 Cal.4th 860, 867, 111 Cal.Rptr.2d 148, 29 P.3d 225.)

It is apparent, therefore, that "[a] murder conviction under the provocative act doctrine ... requires proof that the

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