What is the test for a jury to convict a defendant on a charge of attempted murder?

"A trial court has a sua sponte duty to instruct on a lesser included offense if the evidence raises a question as to whether the elements of the charged offense are present, but not if there is no evidence that the offense was less than charged. [Citations.]" (People v. Wilson (2008) 43 Cal.4th 1, 16.)

Flint was prosecuted on a felony murder theory, namely that the murder was committed during the course of an attempted robbery. Under the felony-murder doctrine, proof of intent to kill is unnecessary. All that is required is that the perpetrator had the specific intent to commit the underlying felony. (People v. Jones (2003) 29 Cal.4th 1229, 1256.)⁴