What is the test for intentional, unlawful homicide under the doctrine of imperfect self-defense?

California, United States of America


The following excerpt is from People v. Gutierrez, B250333 (Cal. App. 2019):

"An intentional, unlawful homicide is 'upon a sudden quarrel or heat of passion' ( 192(a)), and is thus voluntary manslaughter [citation], if the killer's reason was actually obscured as the result of a strong passion aroused by a 'provocation' sufficient to cause an ' "ordinary [person] of average disposition . . . to act rashly or without due deliberation and reflection, and from this passion rather than from judgment." ' [Citations.] ' "[N]o specific type of provocation [is] required . . . " ' [Citation.] Moreover, the passion aroused need not be anger or rage, but can be any ' " '[v]iolent, intense, high-wrought or enthusiastic emotion' " ' [citation] other than revenge [citation]." (People v. Breverman, supra, 19 Cal.4th at p. 163.)

"Under the doctrine of imperfect self-defense, when the trier of fact finds that a defendant killed another person because

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