People v. Alonzo CA5

Good Law
Court of Appeal of CaliforniaSeptember 26, 2016F068960California5,051 words

Opinion

Opinion

INTRODUCTION

A jury found appellant Jaime Joshua Alonzo, a convicted felon, guilty of possessing both a firearm (Pen. Code, § 12021, subd. (a)(1);1 count 1) and ammunition (§ 12316, subd. (b)(1); count 2). In a bifurcated court trial, he admitted a prior serious felony that resulted in a prison sentence. He received an aggregate prison term of five years. On appeal, appellant contends the trial court abused its discretion in denying a motion for a new trial, and the parties dispute whether this appeal is timely. We need not resolve the parties’ dispute because, if this appeal was untimely, any delay stemmed from confusion caused by the trial court. Accordingly, we will review the claim, and we find merit to appellant’s issue. In denying the motion, the trial court expressed some doubt it would have found appellant guilty. Although the trial court stated it felt the jury had sufficient evidence to reach its verdicts, the trial court failed to conduct its required independent review of the evidence. We remand this matter for the trial court to conduct a new hearing regarding the motion for a new trial.

FACTUAL BACKGROUND

I. Prosecution’s Evidence.

On November 22, 2011, a…

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