What is the test for making an "all or nothing" choice between conviction of the crime charged or complete acquittal?

Where warranted by the evidence, "the jury must be allowed to 'consider the full range of possible verdicts . . . ,' so as to 'ensure that the verdict is no harsher or more lenient than the evidence merits.' [Citations.]" (People v. Breverman, supra, 19 Cal.4th at p. 160.) To force the jury to make an " 'all or nothing' choice between conviction of the crime charged or complete acquittal" denies the jury the opportunity to decide whether the defendant is guilty of an intermediate offense established by the evidence. (People v. Barton (1995) 12 Cal.4th 186, 196.)

Here, the jury was not forced to make an unwarranted all-or-nothing choice between unpremeditated and premeditated attempted murder. They were given a full opportunity to resolve the factual question and return an intermediate verdict. (Cf. People v. Ramkeesoon (1985) 39 Cal.3d 346, 352.)

3. Shooting at an occupied motor vehicle