Alvarado

A jury convicted defendant Joseph R. Alvarado of one count of first degree burglary (Pen. Code, § 459/460), one count of attempting to dissuade a witness from testifying (id. § 136.1, subd. (c)(1)), and one count of carjacking (id. § 215, subd. (a)). The court found the out-of-custody-on-bail enhancement true and sentenced defendant to an aggregate term of nine years four months.

On appeal, defendant claims the court wrongfully terminated plea bargaining because of defendant’s “attitude problem.” Defendant also claims that his conviction for carjacking should be reduced to attempted carjacking because he did not succeed in “taking” the vehicle. We affirm.

Factual Background

On August 6, 1997, Anne Cabrera had a birthday party at her home for her neighbor Monica Benavidez. Defendant and Horacio Perales attended the party, which ended between 12:30 and 1:00 a.m.

According to Perales, as he was leaving the party, defendant approached him and asked for a ride. Once the two men were riding in Perales’s Buick Regal, defendant told Perales to stop the car. When Perales failed to do so, defendant put his hand behind his waistband and made movements that led Perales to believe…