CALCRIM No. 601

Code, §§ 21a, 189, 664(a))

If you find the defendant guilty of attempted murder [under Count

], you must then decide whether the People have proved the

additional allegation that the attempted murder was done willfully, and

with deliberation and premeditation.

(The defendant/ <insert name or description of principal if

not defendant>) acted willfully if (he/she) intended to kill when (he/she)

acted. (The defendant/ <insert name or description of

principal if not defendant>) deliberated if (he/she) carefully weighed the

considerations for and against (his/her) choice and, knowing the

consequences, decided to kill. (The defendant/ <insert name

or description of principal if not defendant>) acted with premeditation if

(he/she) decided to kill before completing the act[s] of attempted murder.

[The attempted murder was done willfully and with deliberation and

premeditation if either the defendant or <insert name or

description of principal> or both of them acted with that state of mind.]

The length of time the person spends considering whether to kill does

not alone determine whether the attempted killing is deliberate and

premeditated. The amount of time required for deliberation and

premeditation may vary from person to person and according to the

circumstances. A decision to kill made rashly, impulsively, or without

careful consideration of the choice and its consequences is not deliberate

and premeditated. On the other hand, a cold, calculated decision to kill

can be reached quickly. The test is the extent of the reflection, not the

length of time.

The People have the burden of proving this allegation beyond a

reasonable doubt. If the People have not met this burden, you must find

this allegation has not been proved.

New January 2006; Revised February 2013, February 2015