Ramos

People v. Ramos

Good Law
122 Cal. Rptr. 3d 49·193 Cal. App. 4th 43·2011 Cal. App. LEXIS 218
Court of Appeal of CaliforniaFebruary 28, 2011No. B221016California1,331 words

Opinion

Lead Opinion

Gilbert, J.

*45 Opinion

The crime of murder does not always require specific intent to kill. The crime of attempted murder does. CALCRIM No. 600 clearly explains that the crime of attempted murder requires the specific intent to kill. An explanation of express malice is unnecessary and likely confusing.

Sergio Jacobo Ramos appeals a judgment following conviction of attempted murder (count 1) and assault with a semiautomatic firearm (count 2), with findings of personal firearm use and discharge. (Pen. Code, §§ 664, 187, subd. (a), 245, subd. (b), 12022.5, subd. (a), 12022.53, subd. (c).) 1 We affirm.

FACTS AND PROCEDURAL HISTORY

In the late evening of May 18, 2008, Maria Ramos heard noises outside the family home in Ojai and saw a gray- or black-colored truck. She walked outside and noticed that the windows in two of the family’s vehicles had been broken. Ramos awoke her family members and then reported the vandalism to law enforcement.

After 2:00 a.m. on May 19, 2008, William Kyle Hoffman escorted guests outside following a party at his Short Street residence in Oak View. He saw two vehicles parked on the opposite side of the street. He then heard gunshots “whistling” past him. He ran…

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