P. v. Judson
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 of implied malice, which constitutes second degree murder under these facts. Defendant contends the prosecution did not charge, and the jury did not find, defendant willfully deliberated and premeditated the attempted murder. Finally, defendant argues the trial court erred by failing to instruct the jury they must unanimously agree on which act constituted attempted murder. For the reasons expressed below, Court affirm the judgment as modified.
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