Filed 6/14/21 P. v. Alvarado CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, B289898 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA439926) v. SAULO ALVARADO, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Kennedy, Judge. Affirmed. Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent. INTRODUCTION A jury convicted Saulo Alvarado in 2018 of murdering his father, stepmother, and two half-brothers in 1999, and sexually abusing his half-sister. Alvarado contends the trial court erred by excluding evidence of one victim’s alleged gang membership and by admitting evidence of an uncharged sexual offense. Alvarado also argues several statutes and pattern jury instructions are unconstitutional. Alvarado last asserts that a $10,000 restitution fine and a $200 sex offender fine should be stricken or stayed unless and until the People prove Alvarado’s ability to pay them. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A. The Amended Information The amended information charged Alvarado with four counts of first degree murder (Pen. Code,1 § 187, subd. (a)); counts 1, 2, 3 and 4); one count of forcible lewd act upon a child under 14 years old (§ 288, subd. (b)(1); count 5); and one count of lewd act upon a child under 14 years old (§ 288, subd. (a); count 6). The information alleged as to counts 1 through 4 that the crimes were a multiple-murder special circumstance (§ 190.2, subd. (a)(3)), and as to counts 3 and 4 that Alvarado intentionally killed the victims by means of lying in wait (§ 190.2, subd. (a)(15)). The information alleged as to counts 1 through 4 that Alvarado personally and intentionally discharged a firearm which proximately caused great bodily injury or death (§ 12022.53, subd. (d)), personally and intentionally discharged a firearm 1 Unless otherwise designated all further statutory references are to the Penal Code. 2 (§ 12022.53, subd. (c)), and personally used a firearm (§ 12022.53, subd. (b)). Alvarado pleaded not guilty and denied the special allegations. B. The Evidence at Trial 1. The crimes a. Late 1998 and early 1999 In 1998 and 1999 Rodolfo Alvarado and his wife Eva (“Veronica”) Alvarado lived in a three-bedroom, second-story apartment in South Los Angeles with their 16-year-old son Lorenzo (“Renzo”), their 10-year-old daughter Ashley Melissa, and their four-year-old son Victor.2 Alvarado was Rodolfo’s son from a previous relationship. Alvarado, who was 16 years old, moved into the apartment …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals