California Court of Appeal Dec 19, 2014 No. D064417Unpublished
Filed 12/19/14 P. v. Alvarez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D064417
Plaintiff and Respondent,
v. (Super. Ct. No. SCS255343)
KARIM JOSUE ALVAREZ,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Edward P.
Allard, III, Judge. Affirmed.
Robert E. Boyce, under appointment by the Court of Appeal, for Defendant and
Appellant.
Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,
Barry Carlton and Karl T. Terp, Deputy Attorneys General, for Plaintiff and Respondent.
A jury convicted Karim Josue Alvarez of first degree murder (Pen. Code,1 § 187,
subd. (a)). The jury found true allegations that the crime was committed for the benefit
1 All further statutory references are to the Penal Code unless otherwise specified.
of a criminal street gang (§ 186.22, subd. (b)(1)) and that Alvarez personally discharged a
firearm during the commission of the offense (§ 12022.53, subds. (d), (e)(1)). Alvarez
admitted he was on bail for a felony offense at the time he committed the current crime.
evidence, including evidence relevant to credibility of a witness or hearsay declarant,
having a tendency in reason to prove or disprove any disputed fact that is of consequence
to the determination of the action."
It is somewhat of a stretch to say this picture of the gun on a computer tends to
prove much of consequence in this case. However, the motion was heard in limine,
before Alvarez's testimony that he had a gun and carried it prior to the killing. Thus there
is some relationship between the picture and Alvarez's interest in and knowledge of the
Walther P99. Given that it is undisputed the murder weapon fired .40 caliber bullets and
could have been either a Smith and Wesson model or a Walther P99, the picture is not
wholly irrelevant. Certainly the picture proves little or nothing about malice or self-
defense. It does, however, have some "tendency in reason" to show knowledge of and
interest in a weapon of the type of the potential murder weapon.
Although we concede the relevance of the picture is not great, the prejudice from
its introduction is nonexistent.
Alvarez, a gang member who admitted owning the murder weapon, shot
Rodriguez to death on video, while the victim was crawling away. The fatal shot was to
the back. We cannot conceive how a picture of a gun, which could be of the same type as
the murder weapon, added even the slightest prejudice to this trial. It is simply not
disputed that Alvarez possessed the murder weapon in advance. As to self-defense, the
murder was committed on video and the jury could see it take place. Shooting the victim
to death, while he crawled away does not fit any form of self-defense with which we are
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familiar. The fact that Alvarez may have seen a picture of a pistol at some time prior to
the killing was not prejudicial in this case under any appropriate standard.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
AARON, J.
IRION, J.
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AI Brief
AI-generated · verify before citing
Holding. The court held that while the admission of a photograph of a pistol found on the defendant's computer was of marginal relevance, it did not result in any prejudice to the defendant given the overwhelming evidence of his guilt.
Issues
Whether the trial court erred in admitting a photograph of a pistol found on the defendant's computer.
Whether the admission of the photograph resulted in prejudice to the defendant.
Disposition. Affirmed
Quotations verified verbatim against the opinion
“Although the picture introduced was of marginal relevance, there was no conceivable prejudice to Alvarez, given the murder was captured on video; he admitted being the shooter and admitted he had carried a weapon for some time prior to the crime.”
“Although we concede the relevance of the picture is not great, the prejudice from its introduction is nonexistent.”