People v. Alexander CA2/6

Filed 12/22/25 P. v. Alexander CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B333956 (Super. Ct. No. 22CR01253) Plaintiffs and Respondents, (Santa Barbara County)

v.

ISAIAH ALEXANDER,

Defendant and Respondent.

Appellant Isaiah Alexander challenges his conviction and sentencing, contending the trial court erred by instructing the jury regarding imperfect self-defense, imposing the upper term sentence on count 5 without making any findings as to the alleged factors in aggravation, and issuing an abstract of judgment incorrectly noting he was convicted of first-degree murder instead of second-degree murder. We conclude the jury instructions properly stated the law, and appellant forfeited any claim they were misleading. We agree appellant is entitled to resentencing on count 5, and the abstract of judgment must be corrected.

FACTUAL AND PROCEDURAL BACKGROUND Appellant was recorded on a doorbell camera burglarizing the apartment of a Santa Barbara drug dealer. Richard Cardona and Anthony Lopez were enlisted to retrieve the stolen items, so they employed a ruse to get into the hotel room where appellant was staying. At one point, Cardona told appellant he was there to get the stolen property, pulled out a firearm, and ordered appellant to the ground. Appellant reached for his firearm and a shootout ensued. Cardona fled the hotel room through a window. He ran to his van in the hotel parking lot and tried to drive away. Appellant pursued Cardona yelling that he was going to kill him. He shot at Cardona numerous times at point blank range. Once Cardona was in the van, appellant fired at him three more times. Cardona was shot once in the thigh, once in the abdomen, and once in the head. The head wound was fatal. Appellant was charged with: first degree murder (Pen. Code §§ 187, subd. (a), 189, subd (a)1, with allegations of the use of a firearm and discharge of a firearm causing death (§§ 12022.5, subd. (a), 12022.53, subd. (d)) (count 1); shooting at an inhabited dwelling in violation of section 246, with another use of a firearm allegation (§ 12022.5, subd. (a)) (count 2); shooting at an occupied motor vehicle in violation of section 246, with the same use of firearm allegation (§ 12022.5, subd. (a)) (count 3); first-degree residential burglary in violation of section 459 (count 4); and second-degree commercial burglary in violation of section 459 (count 5). It was further alleged appellant had two previous strikes under the Three Strikes law (§ 667, subds. (d)(1), (e)(1), & (e)(2)(A)), that these were prior “serious felonies” (§ 667, subd.