California, United States of America
The following excerpt is from People v. Swanson, 272 Cal.Rptr.3d 1, 57 Cal.App.5th 604 (Cal. App. 2020):
A "[p]rovocative act murder may be either of the first or second degree." ( People v. Mejia , supra , 211 Cal.App.4th at p. 604, 149 Cal.Rptr.3d 815.) Like any other murder, a provocative act murder committed without deliberation and premeditation is murder of the second degree. ( Ibid . ) However, a provocative act murder of the second degree can be elevated to first degree murder when it occurs "during the course of a felony enumerated in section 189 that would support a first degree felony-murder conviction." ( People v. Sanchez (2001) 26 Cal.4th 834, 852, 111 Cal.Rptr.2d 129, 29 P.3d 209.)
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