People v. Nedd CA4/2

I. INTRODUCTION

In 2016, defendants Richard Nedd and Arieon Shoulders were tried together

before separate juries and found guilty as charged of the first degree murder of Julian K.

(Pen. Code, § 187, subd. (a),1 count 1); the attempted premeditated murder of Richard F.

(§§ 664, subd. (a), 187, subd. (a), count 2), and the first degree residential robberies of

Richard F. and Julian K. (§§ 211, 212.5, count 3 [Julian K.] & count 4 [Richard F.].)

Shoulders’s jury found that the attempted murder of Richard F. was willful,

deliberate, and premeditated. (§ 664, subd. (a)) But Nedd’s jury found the same

premeditation allegation in count 2 not true. Nonetheless, the guilty verdict form in

count 2 states that Nedd is guilty of the willful, deliberate, and premeditated attempted

murder of Richard F.

Nedd was separately charged and convicted of being a prohibited person in

possession of a firearm. (§ 29805, subd. (a), count 6). Shoulders was separately charged

and acquitted of assaulting Richard F. with a firearm, namely, Richard F.’s shotgun.

(§ 245, subd. (a)(2), count 5.) Nedd was sentenced to six years eight months plus

years to life in state prison. Shoulders was…