People v. Prado CA5

INTRODUCTION

Petitioner Alejandro Prado petitioned the superior court, pursuant to section 1172.6 of the Penal Code,1 for resentencing on one count of first degree murder and four counts of premeditated attempted murder. The trial court conducted an evidentiary hearing and denied the petition after finding petitioner harbored a specific intent to kill each of the victims. Petitioner contends the court erred in denying the petition as to the attempted murder counts because substantial evidence does not support a finding that he committed multiple counts of attempted murder. In this regard, he contends substantial evidence suggests he fired only a single shot into a vehicle occupied by multiple persons, which cannot support multiple convictions for attempted murder. He further contends the court erred in relying on inadmissible hearsay to prove his intent to kill and erred in relying on a kill zone theory of liability.2 We reject petitioner’s contentions and affirm.

FACTUAL BACKGROUND3

This case involves a shooting incident between two vehicles traveling northbound on Highway 65 between Porterville and Lindsay at approximately 12:45 a.m. on November 23, 1997. In the victim’s…