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Date: 08-24-2024
Case Style:
The People v. Vicente Arraiga Alvarez
Case Number: SWF009113
Judge: John D. Molloy
Court: Superior Court, Riverside County, Calfornia
Plaintiff's Attorney: Riverside County California District Attorney's Office
Defendant's Attorney:
Description:
Riverside, California two-counts of willful, deliberate, and premeditated attempted murder "r (§§ 664, 187, counts 1 &3); resisting arrest (§ 69, count 2); attempted robbery (§ 664, 211, count 4); and burglary (§ 459, count 5). With respect to the attempted murder charges, the People alleged defendant personally discharged a firearm criminal defense lawyer.
In 2004, defendant entered a store where he told the cashier to give him all the money "'that's in there.'" The cashier refused. Defendant threatened the cashier and said he would return.
Defendant left the store. He went to his car where he retrieved a loaded .22-caliber rifle. The cashier and another store employee walked to the parking lot to obtain defendant's vehicle's license plate number. Defendant fired a round at the ground. The employees ran into the store to take refuge. (Alvarez, supra, E039133.)
Defendant walked toward the store and reloaded the rifle. By taking the gun, defendant thought it would be easier to obtain money. (Alvarez, supra, E039133.)
When he reached the front of the store, the doors did not open. Defendant fired a round into the first of two sets of glass doors, shattering them. While defendant was in the vestibule between the two sets of doors, the cashier saw defendant point the rifle at her. Defendant followed her movement with the rifle; she believed he was trying to kill her. (Alvarez, supra, E039133.)
Defendant reloaded and tried to shoot out the second set of doors, but his gun jammed. He then left the store and got into his car; thereafter, officers captured defendant and took him into custody.
Outcome: On September 8, 2005, a jury found defendant guilty of a single count of willful, deliberate, and premeditated attempted murder (Pen. Code §§ 664, 187, count 1); resisting arrest (§ 69, count 2); the lesser offense of assault with a deadly weapon (§ 245, subd. (a)(2), count 3); second degree attempted robbery (§ 664, 211, count 4); and burglary (§ 459, count 5). With respect to the attempted murder offense, the jury found true the allegation that defendant personally discharged a firearm. (§ 12022.53, subd. (c).) The court sentenced defendant to state prison for 29 years to life.
Plaintiff's Experts:
Defendant's Experts:
Comments: