PEOPLE v. JUDSON

G042246.

THE PEOPLE, Plaintiff and Respondent, v. JERRY ALLEN JUDSON, Defendant and Appellant.

Court of Appeals of California, Fourth Appellate District, Division Three.

March 2, 2010.


Attorney(s) appearing for the Case

Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela Ratner Sobeck and Donald W. Ostertag, Deputy Attorneys General, for Plaintiff and Respondent.


Not to be Published in Official Reports

OPINION

ARONSON, J.

A jury found defendant Jerry Allen Judson guilty of first degree murder and premeditated attempted murder. (Pen. Code, §§ 187, subd. (a); 664; all statutory citations are to the Penal Code unless indicated). The Attorney General concedes the first degree murder conviction must be reduced to second degree murder because the prosecutor elected at trial to proceed solely on a theory...

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