People v. Vargas CA4/2

INTRODUCTION

After hearing evidence that he attacked his girlfriend with a knife, a jury convicted

defendant and appellant Angel Padilla Vargas of premeditated attempted murder and

making criminal threats, among other offenses. (Pen. Code, §§ 664, 187, subd. (a), 245,

subd. (a)(1).)1 On appeal, Vargas argues that: (1) the record contains insufficient

evidence of premeditation and deliberation to support the attempted murder conviction,

and (2) the trial court failed to provide a required unanimity instruction on the criminal

threats charge. We conclude those arguments lack merit and affirm.

FACTUAL BACKGROUND

A. Prosecution’s Case

In the late evening of December 9, 2022, Vargas attacked the victim, Jane Doe,

with a knife in the presence of her two young daughters. At the time of the incident,

Vargas and Doe had been dating for about three years and were renting a room together

in a mobile home owned by M.H. Vargas and Doe had a three-year-old daughter, and

Doe had a twelve-year-old daughter from another relationship.

The day before the attack, Vargas was riding in a car with his friend and a woman,

J.M., who happened to be Vargas’s neighbor. Vargas was upset. He…