Elizondo v. State

Before a jury charge on provocation is allowed, a court must determine if there is enough evidence that a jury could find three factors: 1) that the defendant did some act or used some words that provoked the attack on him; 2) that such act or words were reasonably calculated to provoke the attack; and 3) that the act was done or the words were used for the purpose and with the intent that the defendant would have a pretext for inflicting harm upon the other. The three provocation factors must all be present before a court can address the issue of whether the defendant abandoned or attempted to abandon the encounter. Read.