What is the test for a defendant to be found guilty of attempted murder with premeditation?

Regardless, in order to negate the malice necessary for first degree murder, a defendant must act "upon a sudden quarrel or heat of passion on sufficient provocation [citation]." (People v. Lee (1999) 20 Cal.4th 47, 59.) "[T]he [victim's] conduct must be sufficiently provocative that it would cause an ordinary person of average disposition to act rashly or without due deliberation and reflection." (Ibid.) The trial court here instructed the jury on such law as it related to attempted murder with premeditation,

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