People v. Ramos

California Court of Appeal Feb 28, 2011 No. No. B221016Published

Before: Gilbert

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Holding. The court held that CALCRIM No. 600 is a complete and adequate instruction for attempted murder because it correctly requires proof of specific intent to kill, rendering additional instructions on express malice unnecessary. Furthermore, the court held that sufficient evidence supported the conviction where the defendant fired multiple gunshots that whistled past the victim.

Issues

Whether CALCRIM No. 600 sufficiently instructs the jury on the elements of attempted murder without defining malice.
Whether there was sufficient evidence to support the jury's finding of specific intent to kill.

Disposition. affirmed

Quotations verified verbatim against the opinion

“CALCRIM No. 600 correctly states the law of attempted murder.”

“To instruct on the definition of malice is unnecessary and confusing because CALCRIM No. 600 is a complete and adequate instruction.”

“Firing a gun toward a victim at a close range in a manner that could have inflicted a mortal wound had the bullet been on target supports an inference of intent to kill.”

[45]Opinion

GILBERT, P. J. The crime of murder does not always require specific intent to kill. The crime of attempted murder does. CALCRIM No. 600 clearly explains that the crime of attempted murder requires the specific intent to kill. An explanation of express malice is unnecessary and likely confusing.

Sergio Jacobo Ramos appeals a judgment following conviction of attempted murder (count 1) and assault with a semiautomatic firearm (count 2), with findings of personal firearm use and discharge. (Pen. Code, §§ 664, 187, subd. (a), 245, subd. (b), 12022.5, subd. (a), 12022.53, subd. (c).)1 We affirm.

FACTS AND PROCEDURAL HISTORY

In the late evening of May 18, 2008, Maria Ramos heard noises outside the family home in Ojai and saw a gray- or black-colored truck. She walked outside and noticed that the windows in two of the family’s vehicles had been broken. Ramos awoke her family members and then reported the vandalism to law enforcement.

After 2:00 a.m. on May 19, 2008, William Kyle Hoffman escorted guests outside following a party at his Short Street residence in Oak View. He saw two vehicles parked on the opposite side of the street. He then heard gunshots “whistling” past him. He ran down the street and jumped a neighbor’s backyard gate. In all, he heard seven gunshots but did not see the person firing the weapon or the weapon. The vehicles “screecbfed] away” afterwards.

Hoffman owned a gray-colored pickup truck that was parked near his home. Sheriff’s deputies later found seven .22-caliber shell casings nearby. A neighbor’s vehicle sustained window damage from the gunshots.

Jessica Manning was present in the Ramos home the evening of May 18. She later informed sheriff’s deputies that the three Ramos brothers, including Sergio, left the home after the vandalism to the family vehicles. When they returned, Sergio stated that he had “posted up in Oak View” and shot seven times. Deputies recorded Manning’s interview and the prosecutor played the recording at trial. Manning testified at trial, however, that she lied to deputies to protect her boyfriend, Jose Ramos.

[46]

People v. Ramos

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FACTS AND PROCEDURAL HISTORY

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