What is the test for provocation in a "heat of passion" case?

Provocation is an element of " 'heat of passion' " voluntary manslaughter. " '[T]he factor which distinguishes the "heat of passion" form of voluntary manslaughter from murder is provocation . . . .' " (People v. Moye (2009) 47 Cal.4th 537, 549-550.)

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To reduce a murder to voluntary manslaughter, the provocation must meet an objective standard of reasonableness. "Objectively, the victim's conduct must have been sufficiently provocative to cause an ordinary person of average disposition to act rashly or without due deliberation and reflection." (People v. Enraca (2012) 53 Cal.4th 735, 759.)

However, the provocation necessary to reduce first degree murder to second degree murder does not have to pass an objective test. (People v. Fitzpatrick (1992) 2 Cal.App.4th 1285, 1295-1296.) "The issue is whether the provocation precluded the defendant from deliberating. [Citation.] This requires a determination of the defendant's subjective state." (Id. at p. 1295.)