Carter

BACKGROUND

In 1994, plaintiff stood trial in a criminal case in which he and a codefendant were

charged with seven counts, including attempted murder (Pen. Code, §§ 664, 187)1, two

All further statutory references are to the Penal Code unless otherwise indicated.

2 counts of murder with multiple murder special circumstances alleged (§§ 187, subd. (a),

190.2, subd. (a)(3), counts 2, 4), and four counts of robbery (§ 211, counts 3, 5, 6, and 7).

During trial, defense counsel made a motion for acquittal. As to count 1, the attempted

murder, the motion was granted. As to count 2, the court granted the 1118.1 motion as to

first degree murder, leaving open the possibility of a conviction for second degree

murder. As to the remaining counts, the motion was denied and plaintiff was convicted

and sentenced. (People v. Carter et al. (Jan. 14, 1997, E015694) [nonpub. opn.], pp. 1-

2.)2 His convictions and sentence were affirmed on appeal. (Id., at p. 15.)

On October 25, 2017, plaintiff filed a civil complaint against the City, the Rialto

Police Department, the County, Rialto police detectives Terry Tesone and Robert

Perriguey, and plaintiff’s criminal defense attorney…