When will the jury be instructed on the manslaughter theory of the defense?

This instruction is somewhat confusing, but to the extent we understand it, we find it to be duplicative of the lengthy, standard manslaughter instructions the court gave the jury and therefore unnecessary to instruct the jury on the manslaughter theory of his defense. (People v. Wright (1988) 45 Cal.3d 1126, 1137 [defendant is entitled to an instruction that pinpoints the theory of the defense but not specific evidence].) Moreover, the proposed instruction was argumentative to the extent it told the jury they could consider the evidence of the 18th Street gang member's shooting of defendant the year before in deciding whether there was provocation sufficient to reduce the crime to manslaughter. On the other hand, the court did not give any instruction suggesting that the jury could not consider the shooting the year before as provocation that might reduce the offense to manslaughter. Defense counsel was free to, and did, argue at length to the jury that they should consider the shooting of defendant by an 18th Street gang member in deciding whether defendant's emotions were so aroused as to provoke a rash impulse to shoot the victim. Finding no error in declining to give this special instruction, we need not consider the argument that failure to give the instruction violated defendant's due process rights or denied him the right to present a complete defense.