Is heat of passion provocation sufficient evidence to require the court to instruct on heat-of-passion provocation?
California, United States of America
The following excerpt is from People v. Kim, B251842 (Cal. App. 2015):
While the testimony of a single witness, such as the defendant, can constitute substantial evidence requiring the court to instruct on heat of passion provocation (People v. Lewis (2001) 25 Cal.4th 610, 646) as we concluded in the prior appeal, determining the weight and credibility of the witness is a task solely for the jury. (People v. Breverman, supra, 19 Cal.4th at p. 162.)
We affirm the judgment.
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