Skip to content
Name: People v. Morales
Case #: A166731
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/21/2024
Summary

Denial of defendant’s PC 1172.6 petition at the prima facie stage affirmed where the jury verdicts reflected the jury’s factual findings that defendant was the person who shot the victim during a robbery. The evidence in this case showed that two individuals robbed the victim and that one of the robbers shot the victim with an AK-47 during the robbery. Defendant was charged with attempted murder and the prosecution was allowed to proceed under a theory of attempted murder under the natural and probable consequences doctrine. The prosecution’s only factual basis for the attempted premeditated murder charge was the shooting of the victim with the AK-47. The jury’s finding that an attempted murder was committed means the jury must have found, as a factual matter, that one of the robbers, with intent to kill, took a direct but ineffectual act toward killing the victim by shooting him with an AK-47. And, by finding defendant guilty of assault with an assault weapon and finding a discharge allegation under section 12022.53(d) true, the jury found defendant was the robber who shot the victim with the AK-47 and, therefore, he was the direct perpetrator of the attempted premeditated murder.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/A166731.PDF