Alcocer

Alcocer v. Roe

Good Law
58 F. App'x 753
United States Court of Appeals for the Ninth CircuitMarch 18, 2003No. 02-16071; D.C. No. CV-99-06341-AWICalifornia266 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Victor Alcocer appeals pro se from the denial of his habeas corpus petition, challenging his conviction for attempted murder and assault with a deadly weapon. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Alcocer contends that the evidence was insufficient to support the jury’s verdicts, because there was no proof that the handgun he used was operable. 1 We review the district court’s ruling de novo, Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000), and conclude that this contention lacks merit. Based on the victim’s testimony, a reasonable fact finder could have concluded that the firearm was loaded and that Alcocer expected it to fire. See Jackson v. Virginia, 443 U.S. 307, 324, 326 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (articulating standard for evaluating sufficiency of the evidence for habeas review, and rejecting requirement that prosecution disprove all contrary theories). The state courts’ conclusions were neither contrary to nor an unreasonable application of Jackson , and the district court properly denied the petition. See Woodford v. Visciotti, 537 U.S. 19 , 123 S.Ct. 357, 361 , 154 L.Ed.2d 279 (2002) (per…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.