What is the test for a jury to convict a defendant of attempted murder in a sudden quarrel/heat of passion?

California, United States of America


The following excerpt is from People v. Wooley, B303431 (Cal. App. 2020):

Attempted "[v]oluntary manslaughter is a lesser included offense of [attempted] murder when the requisite mental element of malice is negated by a sudden quarrel or heat of passion, or by an unreasonable but good faith belief in the necessity of self-defense." (People v. Gutierrez (2003) 112 Cal.App.4th 704, 708.) The jury was instructed regarding sudden quarrel/heat of passion (CALCRIM No. 603) and imperfect self-defense (CALCRIM No. 604). These instructions, along with the instructions regarding self-defense discussed above, made clear to the jury that it could not convict defendant of attempted murder unless the prosecution proved beyond a reasonable doubt that defendant did not attempt to kill as the result of perfect or imperfect self-defense or in the heat of passion. Defendant's contention that the jury could have found otherwise does not demonstrate error. Substantial evidence supports the jury's finding that the crime constituted attempted murder.

The judgment is affirmed.

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