Alazar

Background In 2008, prosecutors charged Alazar with attempted murder (§§ 664/187, subd. (a)), assault with a firearm (§ 245, subd. (a)(2)), and possession of a firearm by a felon (former § 12021, subd. (a)(1)). They also alleged that the attempted murder was committed willfully, deliberately, and with premeditation (§ 664, subd. (a)); that Alazar personally and intentionally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)), personally and intentionally discharged a firearm (id., subd. (c)), and personally used a firearm (id., subd. (b)) when he committed attempted murder; and that he personally used a firearm (§ 12022.5) when committing assault with a firearm. No codefendants were charged alongside Alazar in the complaint. At a preliminary hearing, Sandra Padilla testified that Alazar rented a room in her residence in April 2008. She asked him to move out two weeks later due to his drug use, smoking, and excessive noise. Alazar did so and apologized for any problems he had caused. Alazar returned to Padilla’s house the next month and asked to speak to her husband. Padilla said he was not home.

2 Padilla’s new tenant, Rutilio Navarro Hernandez,…