Alvarez

People v. Alvarez

Good Law
11 Cal. Rptr. 2d 463·1992 Cal. App. LEXIS 1059·9 Cal. App. 4th 121·92 Daily Journal DAR 12172·92 Cal. Daily Op. Serv. 7550
Court of Appeal of CaliforniaAugust 31, 1992B057117California2,425 words

Opinion

Opinion

Grignon, J.

Defendant and appellant Albert Alvarez appeals from a judgment after a jury trial in which he was convicted of two counts of attempted murder with the infliction of great bodily injury resulting from the discharge of a firearm from a motor vehicle and one count of shooting at an inhabited dwelling. He also admitted to having a serious prior felony conviction. On appeal he contends that the evidence was insufficient to support the verdict, the trial court committed instructional error and he was denied his right to counsel and his right to be present at all stages of the proceedings. He also contends the trial court erred in sentencing him on two enhancements pursuant to Penal Code section 12022.55, great bodily injury resulting from the discharge of a firearm from a vehicle. We find no prejudicial error and affirm.

Procedural Background

Defendant was charged by amended information with the attempted murder of Sonia Padilla in violation of Penal Code sections 664 and 187, subdivision (a) (count 1); the attempted murder of Arturo Gamboa in violation of Penal Code sections 664 and 187, subdivision (a) (count 2); assault with a firearm on Padilla in violation of Penal Code…

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