Provocation Does Not Require Single Incident Qualifying As Provocation
July 27th, 2015


CC 511 states that sufficient provocation may occur over a short period of time or over a long period of time. Thus, provocation may exist even though there was not a single incident qualifying as sufficient provocation. For example, malice may be negated by a long period of minor events, culminating in sufficient provocation. (People v. Le (2007) 158 Cal. App. 4th 516, 525; People v. Wharton (1991) 53 Cal. 3d 522, 569; People v. Berry (1976) 18 Cal. 3d 509; People v. Botchers (1958) 50 Cal. 2d 321.)

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