P.

I. Background

The facts are not relevant to the sole issue on appeal. Defendant fired seven shots at a boy whose young sister was standing next to him. The girl died, and the boy was 2 wounded. Defendant made a videotaped confession to the police in which he admitted that he had aimed his gun at the brother and knew the girl was next to him. Defendant waived preliminary examination. The November 2009 original information did not include an allegation that the attempted murder was willful, 3 deliberate, and premeditated. The trial briefs filed by the defense and the prosecution on October 21, 2011 each proposed that the court instruct the jury with CALCRIM No. 601. CALCRIM No. 601 is the instruction on the allegation that an attempted murder was willful, deliberate, and premeditated. The prosecution‟s trial brief also included proposed verdict forms. The proposed verdict form for the attempted murder count included this special allegation. It read: “We, the Jury, further find the allegation that the crime was WILLFUL, DELIBERATE, AND PREMEDITATED to be [TRUE/NOT TRUE].” The amended information filed on October 24, 2011, like the original information, did not mention this special…