Can a jury be instructed on voluntary manslaughter under a heat of passion theory?

But even if the jury should have been instructed on voluntary manslaughter under a heat of passion theory, defendants were not prejudiced by the error. If the factual question posed by the omitted instruction was necessarily resolved against the defendant under other, properly given instructions, then the failure to instruct on a lesser included offense is harmless. (See People v. Wharton (1991) 53 Cal.3d 522, 572 ["By finding defendant was guilty of first degree murder, the jury necessarily found defendant premeditated and deliberated the killing. This state of mind, involving planning and deliberate action, is manifestly inconsistent with having acted under the heat of passion"].)