When will a jury not be instructed on a degree of attempted murder?

The record therefore shows that both parties agreed with the court that the jury should not be instructed on "degree" because it was unnecessary and may confuse them. Grandison cannot demonstrate that this constituted error because, in California, attempted murder is not classified by degrees. See People v. Bright, 909 P.2d 1354, 1356 (Cal. 1996) ("We conclude that the provision in section 664, subdivision (a), imposing a greater punishment for an attempt to commit a murder that is 'willful, deliberate, and premeditated' does not create a greater degree of attempted murder but, rather, constitutes a penalty provision that prescribes an increase in

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