54 Cal.4th 643 (Cal. 2012) Cited 448 times
In People v. Gonzalez (2012) 54 Cal.4th 643, 142 Cal.Rptr.3d 893, 278 P.3d 1242 (Gonzalez), our high court cited Concha for the broader principle that all provocative act murder requires proof that the defendant personally harbored malice: "A murder conviction under the provocative act doctrine... requires proof that the defendant personally harbored the mental state of malice, and either the defendant or an accomplice intentionally committed a provocative act that proximately caused an unlawful killing."