(Super. Ct. No. SF110108A)
The opinion of the court was delivered by: Robie , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Following a jury trial, defendant Alcide Doucet was found guilty of attempted murder, assault with a firearm, corporal injury to a cohabitant, and two counts of criminal threats, with enhancements for personal use of a firearm and inflicting great bodily injury. The trial court sentenced defendant to 30 years to life.
On appeal, defendant contends trial counsel was ineffective in failing to request lesser offense instructions for the attempted murder count, and defendant asserts instructional error regarding defendant's admissions and the lesser included offense of attempted criminal threat. We affirm.
Defendant was Julie Turner's boyfriend for 11 to 12 years, but their relationship was unclear in November 2008. About four weeks earlier, Turner told defendant she was considering dating a friend.
In the early morning of November 9, 2008, defendant went to Turner's home and forced open the front door. Turner heard a crash and woke up to find her bedroom light on and defendant standing over her bed, pointing a gun at her head.
Defendant had a silver .25-caliber semiautomatic pistol in his hand. He told Turner, "Why do you do me that way?" or "I know you had him here last night." Turner testified that defendant hit her twice on the head with the hand which held the gun. She told the police that defendant hit her five to seven times in the back of the head with his gun.
Meanwhile, Turner's neighbor Joe Hernandez went outside to investigate a loud bang. He noticed Turner's door was open and heard two people arguing inside. He got his black .380-caliber semiautomatic pistol from home and walked toward Turner's house, where he heard a man's voice yelling loudly at Turner, who was screaming and telling the man to stop.
Hernandez entered Turner's home and went to the bedroom, where he saw defendant holding Turner by the hair and raising back his right hand, which held a chrome plated gun. Defendant said, "I'm going to kill you, bitch." Hernandez, with his gun drawn, told defendant to put down the gun and stop. Defendant turned towards Hernandez told him, "Fuck you," and "I'm going to kill you, mother fucker," and started shooting.
Defendant fired two shots at Hernandez, who returned fire until his gun was empty. Defendant then pulled Hernandez toward him, and they started fighting. The struggle ended when Hernandez managed to flip defendant to the ground. Hernandez then jumped on defendant and threw defendant's gun into the living room. Defendant said he was going to kill Hernandez and kept trying to get up, so Hernandez hit him on the head with his gun. When defendant stopped struggling, he kept asking, "Why did she do this to me?"
Hernandez was shot through his right foot and sustained a fracture at the base of his second toe. Hernandez could not walk for two months, after which his foot would hurt if he walked for a long time. He and his wife moved to a new ...