People v. Seel

Opinion

CHIN, J.

In 1996, we held that an allegation prescribing a greater punishment for an attempt to commit murder that is “willful, deliberate, and premeditated” (Pen. Code,1 § 664, subd. (a) (section 664(a)) constituted a penalty provision to which double jeopardy protections do not apply. (People v. Bright (1996) 12 Cal.4th 652, 656-657 [49 Cal.Rptr.2d 732, 909 P.2d 1354] (Bright).) Several years later, in a case not involving double jeopardy, the United States Supreme Court concluded that any fact other than a prior conviction that increases punishment beyond the prescribed statutory…