People v. Alarcon
210 Cal. App. 4th 432
| Cal. Ct. App. | 2012Background
- Alarcon convicted of attempted murder and shooting at an occupied vehicle; information included gun-use and great bodily injury enhancements and multiple prior convictions; jury found defendant guilty and true on gun-use allegations; defendant sentenced to 49 years to life; appellant challenged insufficiency of evidence, instructional error on lesser included offenses, and admission of Partida's fear evidence; published portion rejects the Apprendi-based argument and affirms the judgment.
- Information charged attempted murder (willful, deliberate, premeditated) of Partida and shooting at an occupied vehicle; accompanying allegations included 12022.53 firearm enhancements and prior conviction/prison terms under Three Strikes.
- Jury found appellant guilty and true on gun-use enhancements; trial court dismissed one prior conviction allegation but found remaining priors true; sentence 49 years to life.
- Appellant argues: (a) insufficient evidence for attempted murder, (b) error in not instructing assault with a deadly weapon as a lesser included offense, (c) admission of Partida’s fear evidence was improper; the court addresses and rejects these.
- Dispositional posture: judgment affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence for attempted murder | Alarcon | Alarcon | Appeal rejected; evidence adequate |
| Whether assault with a deadly weapon should have been instructed as a lesser included offense | Alarcon contends Wolcott-based rule with Apprendi applies | People argues Wolcott controls; Apprendi does not broaden rule | No error; Wolcott governs and excludes assault as lesser included offense under these facts |
| Whether testimony that Partida feared Alarcon was improperly admitted | Alarcon asserts prejudicial evidence | State defends admission as part of case-specific narrative | Concluded to be non-prejudicial or within permissible scope; no reversible error |
Key Cases Cited
- People v. Breverman, 19 Cal.4th 142 (Cal. Supreme Court, 1990s) (obligation to instruct on lesser included offenses in noncapital cases)
- People v. Montoya, 33 Cal.4th 1031 (Cal. Supreme Court, 2004) (accusatory pleading test for lesser included offenses)
- People v. Lopez, 19 Cal.4th 282 (Cal. Supreme Court, 1998) (accusatory pleading approach to lesser offenses)
- People v. Wolcott, 34 Cal.3d 92 (Cal. Supreme Court, 1983) (gun-use allegations cannot render assault within robbery under accusatory pleading rule)
- People v. Parks, 118 Cal.App.4th 1 (Cal. App. 4th, 2004) (gun-use and great bodily injury allegations do not make assault a lesser include of attempted murder)
- People v. Richmond, 2 Cal.App.4th 610 (Cal. App. 4th, 1991) (early authority on lesser included offenses under accusatory pleading)
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. Supreme Court, 2000) (sentence enhancements with facts not charged require jury finding)
- Seel v. Superior Court, 34 Cal.4th 535 (Cal. Supreme Court, 2004) (Apprendi implications for double jeopardy and elements of offenses)
- People v. Sloan, 42 Cal.4th 110 (Cal. Supreme Court, 2007) (enhancements not used to determine lesser-included offenses post-Apprendi)
- People v. Izaguirre, 42 Cal.App.4th 126 (Cal. App. 4th, 2007) (enhancements treated distinct from elements for multiple convictions; not all scenarios trigger Apprendi scope)
- Porter v. Superior Court, 47 Cal.4th 125 (Cal. Supreme Court, 2009) (Apprendi does not convert penalty allegations into elements for all purposes)
- People v. Birks, 19 Cal.4th 108 (Cal. Supreme Court, 1998) (instruction on lesser included offenses grounded in California law; not tied to Apprendi expansion)
- Barton v. State, 12 Cal.4th 186 (Cal. Supreme Court, 1995) (courts are forums for truth, not gambling halls)