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Date: 07-17-2025
Case Style:
Case Number: 12NF1202
Judge: David A. Hoffer
Court: Superior Court, Orange County, California
Plaintiff's Attorney: Orange Count California District Attorney's Office
Defendant's Attorney:
Description: Santa Ana, California criminal defense lawyer represented the Defendant charged with murder.
In 2017, a jury convicted defendant Usiel Alcaraz of premeditated and deliberate attempted murder (Pen. Code, §§ 187, 664), attempted robbery (id., §§ 211, 664), conspiracy to commit robbery (id., §§ 182, subd. (a)(1), 211) and active participation in a criminal street gang (id., § 186.22, subd. (a)).[1]The jury also made gang findings (§ 186.22, subd. (b)) and findings that Alcaraz personally discharged a firearm causing great bodily injury and permanent paralysis (§§ 12022.5, subd. (a), 12022.7, subd. (b), 12022.53, subd. (d)).
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Legal issue Is a defendant eligible for resentencing under section 1172.6 if convicted as the actual perpetrator of attempted murder?
Headnote
CRIMINAL LAW. PETITION FOR RESENTENCING. The case involves an appeal from a postjudgment order denying the defendant's petition for resentencing under California Penal Code section 1172.6. The court had to determine whether the defendant, who was convicted as the direct perpetrator of attempted murder, was eligible for relief under section 1172.6, which does not apply to actual killers.
APPELLATE REVIEW. INDEPENDENT RECORD REVIEW. The appellate court conducted an independent review of the record, pursuant to People v. Delgadillo, and confirmed that there were no arguable issues on appeal, leading to the affirmation of the trial court's order denying the resentencing petition.
Key Phrases Premeditated and deliberate attempted murder. Personal discharge of a firearm. Criminal street gang participation. Natural and probable consequences doctrine. Independent review of the record.
Outcome: The trial court sentenced him to an indeterminate term of 32 years to life, plus a consecutive determinate term of 3 years.
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: