What is the test for using heat of passion as a partial defense to the crime of attempted murder?

"[A] trial court must instruct a criminal jury on any lesser offense 'necessarily included' in the charged offense, if there is substantial evidence that only the lesser crime was committed." (People v. Birks (1998) 19 Cal.4th 108, 112.) "When relying on heat of passion as a partial defense to the crime of attempted murder, both provocation and heat of passion must be demonstrated." (People v. Gutierrez (2003) 112 Cal.App.4th

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