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 ofprincipal 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>) premeditated if (he/she) decided to kill before acting.

[The attempted murder was done willfully and with deliberation and premeditation if either the defendant or <insert name or description ofprincipal> 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.