A164007

The Court of Appeal reversed appellant’s attempted murder conviction, finding that the trial court prejudicially erred by refusing to instruct the jury on the lesser included offense of attempted voluntary manslaughter based on a heat of passion theory. The Court reasoned that substantial evidence supported that appellant acted under heat of passion caused by the victim’s provocative act, where the evidence showed appellant cut the victim’s neck immediately after the victim backed up and nearly hit appellant with his car.

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