In re the Personal Restraint of Caldellis

González, J.

¶1 Noel Caldellis shot into a crowd of people outside a party, killing one. He was charged with first degree murder “[u]nder circumstances manifesting an extreme indifference to human life” under RCW 9A.32-.030(l)(b). The jury was given a to-convict instruction modeled on the relevant pattern jury instruction, which itself was modeled on subsection (l)(b). After Caldellis’s trial, the pattern jury committee amended the relevant pattern instruction to require an additional “element” that “the defendant knew of and disregarded the grave risk of death.” Among other things, Caldellis…