What is the test for a voluntary manslaughter instruction in a second degree murder case?
California, United States of America
The following excerpt is from People v. Shell, B257034 (Cal. App. 2015):
In sum, there was no substantial evidence of provocation to support a voluntary manslaughter instruction, and the trial court properly denied appellant's request for such instruction. (See People v. Avila (2009) 46 Cal.4th 680, 707 [no error in refusing to instruct on voluntary manslaughter in the absence of evidence of provocation while instructing on second degree murder].)
III. The Section 667.5, Subdivision (b) Enhancements
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