In what circumstances will a jury overturn an attempted murder conviction?

In Bright, the jury convicted the defendant of attempted murder, but could not reach a verdict on the allegation that the attempt was willful, deliberate, and premeditated. (Bright, supra, 12 Cal.4th at p. 658.) The issue before the court was whether principles of double jeopardy precluded retrial on the allegation. Our high court concluded the "provision in section 664, subdivision (a), imposing a greater punishment for an attempt to commit a murder that is 'willful, deliberate, and premeditated' does not create a greater degree of attempted murder but, rather, constitutes a penalty provision that prescribes an increase in punishment (a greater base term) for the offense of attempted murder." (Bright, supra, at pp. 656-657; see also Anthony v. Superior Court (2010) 188 Cal.App.4th 700, 705.) Thus, because attempted murder was not a lesser included offense of attempted willful, deliberate and premeditated murder, the conviction

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