Morales

Roberto Guillermo Morales appeals from a judgment of conviction based upon a jury finding him guilty of attempted deliberate and premeditated murder. (Pen. Code, §§ 664, 187.)

Facts

With the exception of the degree of defendant’s intoxication on January 1, 1990, there is relatively little controversy on the facts in this case. Although defendant lived in the same house as his wife, Clara, and their nine-year-old daughter, Desiree, the marriage was in trouble. Defendant drank during the entire marriage, and the drinking became worse in 1989. The couple did not sleep together, did not go out together and barely spoke. Clara had filed a petition for dissolution of the marriage in September 1989. On December 13, 1989, the court ordered defendant to leave the house on January 6, 1990.

Clara started seeing John Falkowski in August 1989. John had two daughters, Brandy and Amber. On Christmas Day, Clara, John, Desiree and Brandy went to visit friends. Later that day, John dropped Clara and the children at Clara’s house. He left driving Clara’s car, a BMW that had been driven by defendant during the marriage and of which defendant was particularly fond. On the day following…