What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder?

California, United States of America

The following excerpt is from The People v. Juarez, B217160, Super. Ct. No. LA058499 (Cal. App. 2010):

Contrary to defendant's argument, no rational juror would believe that these facts and circumstances were sufficient to arouse the passions of the ordinarily reasonable man. (People v. Steele, supra, 27 Cal.4th at pp. 1252-1253.) Thus, there was no evidence to support instructions on attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder and the trial court did not err in refusing to give such instructions.

B. CALJIC No. 1.22

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