What is the test for premeditation in a sexual assault case?

defendant premeditated if he decided to kill before acting." Furthermore, the jury was also appropriately instructed on attempted voluntary manslaughter -- heat of passion. And the jury was also instructed to consider the evidence of defendant's mental impairment in determining whether he acted with the required mental states, specifically referencing deliberation and premeditation. These instructions adequately informed the jury that it could not find the penalty allegation true if it concluded defendant acted rashly, impulsively, or without careful consideration of the choice and its consequences. No reasonable juror would have understood otherwise. (See People v. Castillo (1997) 16 Cal.4th 1009, 1017.)