People v. Hayden CA3

DISCUSSION

I The Jury Instructions Correctly Told The Jury Of The Subjective Standard To Reduce First Degree Murder To Second Degree Defendant contends that the standard jury instructions erroneously told the jury that provocation must be reasonable to reduce first degree murder to second degree murder. Defendant’s argument focuses on two instructions given here, CALCRIM Nos. 522 (provocation and its effect on the degree of murder) and 570 (voluntary manslaughter: heat of passion). We disagree with defendant’s reading of the instructions, as has a recent published opinion, which we follow. A Instructions Given Here The jury was instructed pursuant to CALCRIM No. 521, which stated in pertinent part that the mental state required for first degree murder was met “if the People have proved [defendant] acted willfully, deliberately, and with premeditation. The defendant acted willfully if he intended to kill. The defendant acted deliberate[ly] if he carefully weighed the considerations for and against the choice and knowing the consequences decided to kill. A defendant acted with premeditation if he decided to kill before completing the acts that caused death.” “A decision to kill…