In what circumstances will the Court uphold a finding of deliberate murder?

In February 2020, we affirmed the judgment in an unpublished opinion. (People v. Tardy (Feb. 7, 2020, C086572) [nonpub. opn.].) In doing so, we rejected defendant's contention that the evidence was insufficient to support a finding of attempted willful, premeditated, and deliberate murder. We also rejected defendant's contention that the judgment must be conditionally reversed and the matter remanded for the trial court to determine whether he is eligible for "pretrial" mental health diversion as authorized under recently enacted section 1001.36.