People v. Namowics CA6

Filed 9/24/25 P. v. Namowics CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H052004 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1651877)

v.

NICOLAS NAMOWICS,

Defendant and Appellant.

A jury found defendant Nicolas Namowics guilty of second degree murder and attempted murder. The jury further found that Namowics personally and intentionally discharged a firearm in the commission of both offenses. The trial court imposed an aggregate sentence of 15 years to life consecutive to 20 years in prison. Namowics raises two claims on appeal. First, he contends the trial court erroneously instructed the jury on the elements of implied malice murder. For the reasons below, we conclude this claim is without merit. Second, Namowics contends the abstract of judgment should be corrected to clarify that the trial court stayed fines and fees pending a showing of his ability to pay them. We order the abstract of judgment to be corrected accordingly, and we affirm the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND A. Procedural Background The prosecution charged Namowics with two counts: count 1—murder (Pen. Code, § 187, subd. (a))1; and count 2—attempted murder (§§ 187, 664, subd. (a)). As to both counts, the prosecution further alleged Namowics personally and intentionally discharged a firearm. (§ 12022.53, subds. (c) & (g).) The jury found Namowics guilty of second degree murder on count 1 and attempted murder on count 2. On both counts, the jury found true the firearm allegations, and on count 2 the jury found not true the allegation that the attempted murder was premeditated. The trial court imposed an aggregate sentence of 15 years to life consecutive to 20 years in state prison. B. Facts of the Offenses Around 2 a.m., Namowics, Jose Eduardo Perez, and Jose Maria Perez were walking together after attending a Halloween party. Justino Ortiz and Giancarlo Villalobos, who were also at the party, were walking in the same area. Namowics saw Ortiz and Villalobos, and told Jose Eduardo Perez that he had “seen those fools,” and “they’re right there,” referring to a fight that had taken place at the party. Namowics aggressively said, “fuck you, what’s up,” to Ortiz and Villalobos. Soon thereafter, Namowics took out a nine-millimeter semi-automatic firearm and began firing at Ortiz and Villalobos. Namowics fired seven rounds. He missed Villalobos and Ortiz but struck Jose Eduardo Perez. When the bullet fired by Namowics struck Jose Eduardo Perez, Jose Eduardo Perez mistakenly thought Villalobos or Ortiz was shooting at him, so he began shooting towards Villalobos and Ortiz. Two of the bullets fired by Jose Eduardo Perez struck Villalobos, killing him. Namowics, Jose Eduardo Perez, and Jose Maria Perez then ran to a nearby car and drove away.