Morales
People v. Morales
Opinion
Opinion
Richli, J.
In defendant John Anthony Morales’s first trial, the jury acquitted him on one count of murder, but deadlocked on two counts of robbery. In a retrial, the second jury found him guilty on both counts of robbery, as well as on a newly alleged third count of attempted robbery. Various enhancements, including gang enhancements to all three counts, were found true.
In the published portions of this, opinion, we will hold that:
In the unpublished portions of this opinion, we find no other reversible error. Accordingly, we will affirm.
I
FACTUAL BACKGROUND
A. The Prosecution’s Case.
1. Background.
Richard and Ralph Avila were brothers. In May 1999, Richard was 17; Ralph was about 10 years older. Joe Virgen was their friend and neighbor.
2. Testimony of Joe Virgen.
According to Virgen, on May 28, 1999, about 4:00 p.m., Ralph came over to visit him. Around 6:00 p.m., Richard arrived. They all drank beer and listened to music. The group finished one 24-pack of beer and started in on a second. Virgen drank a total of 12 to 15 beers; Ralph drank about as many. Richard drank less. Virgen was drunk. He assumed Ralph was, too, although Ralph did not act drunk.