Is sufficient evidence supporting defendant's conviction of murder based on the provocative act murder theory?

California, United States of America


The following excerpt is from People v. Cervantes, 111 Cal.Rptr.2d 148, 26 Cal.4th 860, 29 P.3d 225 (Cal. 2001):

The question before us is therefore whether sufficient evidence supports defendant's conviction of murder based on the provocative act murder theory. Viewing the evidence in the light most favorable to the guilty verdict secured by the prosecution, we must determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. (See, e.g., People v. Staten (2000) 24 Cal.4th 434, 460, 101 Cal. Rptr.2d 213, 11 P.3d 968.) In particular, the essential element with which we are here concerned is proximate causation in the context of a provocative act murder prosecution.

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