P.

P. v. Ortega CA2/7

Good Law
Court of Appeal of CaliforniaApril 17, 2013B235552California9,583 words

Opinion

Opinion

INTRODUCTION

A jury found Albert Ortega guilty of first degree murder, with special circumstance and firearm allegations found true. The trial court sentenced him to a state prison term of life without the possibility of parole, plus a consecutive 25-year-to-life term for the firearm enhancement. He appeals, claiming error in the trial court’s admission of his confession among other errors. We agree that a penalty assessment and parole revocation fine should be stricken but otherwise affirm.

FACTUAL AND PROCEDURAL SUMMARY

At about 11:30 a.m. on November 22, 2009, Patrick McIntyre was working on his motorcycle on his front porch on the corner of 18th Street and Cabrillo in San Pedro when he heard a gunshot in an alley nearby. About 15 to 20 seconds later, he saw three young men running from the alley. Albert Ortega and his brother Joaquin were chasing a man later identified as 17-year-old Michael Alfaro. As he ran, Alfaro yelled, “No, please, no.” McIntyre was approaching to intervene until he saw Ortega holding a shotgun. Alfaro ran to the middle of the street and stopped, looking like he was about to collapse. Joaquin stopped, but Ortega followed Alfaro into the street. Alfaro…

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