What is a determinate sentence for a defendant convicted of attempted murder?

A defendant convicted of attempted murder is subject to a determinate sentence of five, seven, or nine years unless "it is pleaded and proved that the murder attempted was willful, deliberate, and premeditated." (People v. Arias (2010) 182 Cal.App.4th 1009,

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1011, fn. 2; 664, subd. (a).) A sentence is unauthorized if "it could not lawfully be imposed under any circumstance in the particular case." (People v. Scott (1994) 9 Cal.4th 331, 354.) Without a "willful, deliberate, and premeditated" finding by the jury, the court only has discretion to sentence defendant to a determinate term of five, seven, or nine years. (People v. Seel (2004) 34 Cal.4th 535, 541; 664, subd. (a).)