Does the Defendant have to prove malice to prove he did not act out of the heat of passion?

Defendant, however, argues the People failed to meet its burden to prove he did not act out of the heat of passion, which also negates the malice requirement for murder. Heat of passion has both objective and subjective components. The victim's conduct "must have been sufficiently provocative to cause an ordinary person of average disposition to act rashly or without due deliberation and reflection." (People v. Enraca (2012) 53 Cal.4th 735, 759.) Subjectively, " 'the accused must be shown to have killed

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