People v. Galvan CA4/3

INTRODUCTION

Defendant Ricardo Corona Galvan appeals from the judgment of conviction entered after a jury found him guilty of one count each of attempted carjacking, attempted kidnapping during a carjacking, and assault with a deadly weapon. The jury also found defendant had personally used a firearm in the commission of each offense. Defendant solely challenges the sufficiency of the evidence supporting the attempted kidnapping during a carjacking conviction. Defendant argues insufficient evidence showed he had a specific intent to kidnap or that he committed any act in furtherance of a kidnapping. We affirm. For the reasons we explain, defendant’s substantial evidence challenge is without merit.

FACTS

On the evening of March 17, 2018, Carlos H. walked out of his house to his car to retrieve his cellphone. Carlos got inside of his car that was parked in the driveway and called his sister; he closed the car door behind him but did not lock the car doors. While Carlos was sitting in the car on the phone, he saw defendant standing outside the driver’s side window pointing a rifle at Carlos’s head; the end of the rifle was touching the car window. Carlos did not know defendant.…