What is the test for determining whether provocation prevented a jury from deliberating in a murder case?

The issue is whether the provocation precluded the defendant from deliberating. (See CALJIC No. 8.20.) This requires a determination of the defendant's subjective state. The court in People v. Wickersham (1982) 32 Cal.3d [2 Cal.App.4th 1296] 307, 185 Cal.Rptr. 436, 650 P.2d 311 impliedly referred to a subjective test: "[W]here the evidence of provocation would justify a jury determination that the accused had formed the intent to kill as a direct response to the provocation and had acted immediately, the trial court is required to give instructions on second

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