Can a jury instruct on provocation for purposes of voluntary manslaughter?

Defendant did not ask the trial court to clarify or amplify the instruction. Thus, he may not complain on appeal that the instruction was incomplete. (People v. Mayfield (1997) 14 Cal.4th 668, 778-779, 60 Cal.Rptr.2d 1, 928 P.2d 485.)

In any event, the argument is without merit.

As stated, we review independently the legal adequacy of a jury instruction.

Defendant argues the trial court should have instructed on provocation for purposes of voluntary manslaughter. But provocation for such purposes has nothing to do with intent and everything to do with circumstances, specifically, whether the circumstances would have caused a reasonable person to act as defendant did. (People v. Steele (2002) 27 Cal.4th 1230, 1252-1253, 120 Cal.Rptr.2d 432, 47 P.3d 225.) Thus, to instruct on provocation for purposes of voluntary manslaughter would have not assisted the jury in determining whether provocation prevented defendant from forming the intent necessary to commit murder by torture. The two concepts are distinct.