Brito

—Michael Brito appeals a judgment of convictions of robbery (Pen. Code, § 211), attempted murder, with a finding of premeditation and deliberation (§§ 664,187, subd. (a)), and assault with a firearm (§ 245, subd. (a)(2)). He asserts the court erred by (1) failing to instruct on attempted involuntary manslaughter as a lesser included offense; (2) refusing to instruct on attempted voluntary manslaughter; (3) failing to give CALJIC No. 8.73 instructing that provocation may show lack of deliberation and premeditation; and (4) failing to instruct on the lesser included offense of grand theft. He also claims there was insufficient evidence to support the attempted homicide findings of premeditation and deliberation; the evidence was insufficient to prove robbery; and reversal is required because of prosecutorial misconduct during closing argument. We reject each contention and affirm the judgment.

Factual Background

Eugene Smith offered a ride to Brito who was hitchhiking on a freeway onramp with a gasoline can in his hand. When Smith opened the passenger door, Brito leaned into the vehicle, pointed a gun toward Smith’s face, and demanded gold and money. Motorists in vehicles…