California, United States of America
The following excerpt is from People v. Garcia-Vega, E057831 (Cal. App. 2014):
depending on the degree or sufficiency of the provocation. But because CALCRIM No. 522 is a pinpoint instruction, the court did not have a sua sponte duty to give it. (See Rogers, supra, 39 Cal.4th at pp. 878-879; People v. Hernandez, supra, 183 Cal.App.4th 1327, 133-1334 ["As reflected in Rogers, the fact that a trial court is not required to instruct on provocation for second degree murder at all supports that it is not misleading to instruct on provocation without explicitly stating that provocation can negate premeditation and deliberation."].)
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