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The People v. Noel Maurice Mccall

November 4, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
NOEL MAURICE MCCALL, DEFENDANT AND APPELLANT.



(Super. Ct. No. 06F10378)

The opinion of the court was delivered by: Mauro, J.

P. v. McCall

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Noel Maurice McCall was convicted of attempted murder, discharging a firearm at an inhabited dwelling, and being a convicted felon in possession of a firearm. He was sentenced to prison.

Defendant contends on appeal that (1) his conviction for attempted murder must be reversed because there is insufficient evidence of a specific intent to kill, and (2) pursuant to Penal Code section 654,*fn1 the trial court should have stayed his sentence for discharging a firearm at an inhabited dwelling.

We conclude (1) sufficient evidence supports a finding of defendant's specific intent to kill for attempted murder, because even if defendant and his cohort primarily wanted to kill Detwon and/or Anthony, the jury could reasonably have found a concurrent intent to kill Ariyanna, considering the number of bullets fired at the group of four victims who stood in close proximity to one another; and (2) the multiple victim exception applies to preclude application of section 654.

We will affirm the judgment.

BACKGROUND

On the afternoon of October 29, 2006, 18-year-old Ariyanna Bolts was visiting her friend Madiline George at Madiline's home on Cookingham Way in the Strawberry Manor neighborhood of Sacramento. Madiline's mother Charlesetta Hughes and a family friend named Crystal were also present.

Ariyanna and Madiline went out to the front yard and talked with two young men named Detwon and Anthony. As the four were out front talking, a black sports utility vehicle (SUV) drove up. The driver engaged in an argument with one or more members of the group. When the SUV drove away, Ariyanna, Madiline, Detwon and Anthony remained outside talking.

The SUV returned within an hour, carrying four or five men with guns. Defendant sat in the front passenger seat and began to fire his gun at the group, who were standing within reaching distance of each other. Ariyanna ran to the side of a parked minivan but she was shot in the buttocks and the bullet lodged in her pelvis. The SUV stopped. Defendant and at least one other man got out and continued to shoot.

Charlesetta heard six gunshots. She and Crystal got down on the living room floor. When Charlesetta looked out the front window, she saw a man walking down the sidewalk shooting a gun. Charlesetta went to the door and called out to her daughter Madiline. Madiline and Ariyanna ran ...


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