People v. Cantu CA2/4

Filed 7/21/14 P. v. Cantu CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B249649

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA386273)

v.

ALEJANDRO CANTU,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Monica Bachner, Judge. Affirmed. Roberta Simon, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Stephanie A. Miyoshi and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent.

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Appellant Alejandro Cantu challenges his conviction on three counts of attempted willful, deliberate, and premeditated murder. He claims the evidence is insufficient to support the findings that the attempted murders were willful, deliberate and premeditated. We find sufficient evidence and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY Appellant and Jackeline R. began dating in July 2010. She became pregnant soon after, and the baby was born in early April 2011. DNA testing revealed that appellant was not the father of the child, and the relationship ended. On the evening of July 1, 2011, Jackeline and some neighbors and friends were gathered outside her apartment complex on Normandie Avenue in Los Angeles. The group included Roger, who was Jackeline’s boyfriend at the time, and her friend Noel. Also in the group was Edgardo Valdivias. Jackeline had met Edgardo on Facebook; she was unaware that he was appellant’s friend. Around midnight, most of the group went to a nearby arcade to play pool, but Jackeline and Roger stayed behind. While at the arcade, Edgardo and one of Jackeline’s neighbors got into a fight. After the fight, most of the group, except for Edgardo, returned to the apartment complex. Eventually only Noel, Jackeline and Roger were left outside the complex. At about 3:30 a.m., as Jackeline and Roger were saying goodbye to Noel, appellant drove up to the complex with Edgardo and another man. Appellant and the other man got out of the car. Appellant pointed a shotgun at Noel’s face and asked who he was. Before Noel had a chance to answer, appellant shot him. Noel remembers appellant saying something like, “This is for my homey.” Jackeline yelled to Roger that it was her baby’s daddy, and she told Roger to run. She and Roger began running up the stairs toward her apartment. Appellant shot at them as they ran, hitting Jackeline in her face and shoulder.