People v. Alfaro CA2/5

INTRODUCTION

Defendant and appellant Julio Obaldo Alfaro (defendant) was convicted of attempted murder (Pen. Code, §§ 664 and 187, subd. (a)1) and assault with a semiautomatic firearm (§ 245, subd. (b)). On appeal, defendant contends that the trial court abused its discretion in denying his numerous Marsden2 motions; the trial court erred by instructing the jury with CALCRIM No. 3472; an error in the calculation of his presentence credits should be corrected; and the abstract of judgment should be amended to reflect that he was convicted by jury instead of by plea. We remand the matter for the trial court to modify the judgment and amend the abstract of judgment to reflect that defendant is entitled to receive a total of 1,259 days of custody credit, and to amend the abstract of judgment to reflect that defendant was convicted by a jury. We otherwise affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence 73-year-old Juan Jose Rodriguez (Juan Jose)3 testified that he was standing outside of his apartment building with a friend, Jose Elias Rodriguez (Jose Elias).4 Defendant approached Juan Jose as he was unlocking the gate to his apartment…