People v. Austin CA4/3

FACTS

I. Procedural History

In an information, defendant was charged with the attempted deliberate and premeditated murder of L.L. (§§ 187, subd. (a), 664, subd. (a); count 1),1 attempted kidnapping of L.L. (§§ 207, subd. (a), 664, subd. (a); count 2), stalking (§ 646.9, subd. (a); count 3); assault with a deadly weapon upon Nathaniel P. (§ 245, subd. (a)(1); count 4), and unlawful tampering with a vehicle (Veh. Code, § 10852; count 5). The prosecution also alleged defendant was armed with a firearm in the commission of the offenses charged in counts 1 through 3. (§ 12022, subd. (a)(1).) A jury trial was conducted before Judge Pham (first trial), and defendant was convicted of attempted kidnapping, stalking, and unlawful tampering with a vehicle. The jury also found defendant was armed with a firearm during the commission of the kidnapping and stalking offenses. Defendant was found not guilty of the assault charge. The jury was unable to reach a verdict on the attempted murder charge, and the court declared a mistrial on that count.

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

2 The district attorney elected to retry the attempted…