KaMYA ROBINSON - 2 yo/ Convicted: Anthony Chacon - Bakersfield CA

Date: 06-20-2014

Case Style: The People v. Anthony Ralph Chacon

Case Number: BF142972A

Judge: Gary T. Friedman

Court: Superior Court, Kern County, California

Plaintiff's Attorney: Kenneth Russell

Defendant's Attorney: Paul Cadman, Public Defender

Description: Bakersfield, CA - The People of the State of California Anthony Ralph Chacon, age 30, with first-degree murder, shooting at an inhabited dwelling, participating in a street gang, and attempted murder claiming that he shot at but missed an alleged gang member and hit and killed a 2-year-old girl playing in her front yard.

Section 187(A) for the California Penal Code provides:

187. (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.

(b) This section shall not apply to any person who commits an act
that results in the death of a fetus if any of the following apply:

(1) The act complied with the Therapeutic Abortion Act, Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code.

(2) The act was committed by a holder of a physician's and surgeon'
s certificate, as defined in the Business and Professions Code, in a
case where, to a medical certainty, the result of childbirth would be
death of the mother of the fetus or where her death from childbirth,
although not medically certain, would be substantially certain or
more likely than not.

(3) The act was solicited, aided, abetted, or consented to by the
mother of the fetus.

(c) Subdivision (b) shall not be construed to prohibit the
prosecution of any person under any other provision of law.

Section 664 of the California Penal Code provides:

664. Every person who attempts to commit any crime, but fails, or
is prevented or intercepted in its perpetration, shall be punished
where no provision is made by law for the punishment of those
attempts, as follows:

(a) If the crime attempted is punishable by imprisonment in the
state prison, or by imprisonment pursuant to subdivision (h) of
Section 1170, the person guilty of the attempt shall be punished by
imprisonment in the state prison or in a county jail, respectively,
for one-half the term of imprisonment prescribed upon a conviction of
the offense attempted. However, if the crime attempted is willful,
deliberate, and premeditated murder, as defined in Section 189, the
person guilty of that attempt shall be punished by imprisonment in
the state prison for life with the possibility of parole. If the
crime attempted is any other one in which the maximum sentence is
life imprisonment or death, the person guilty of the attempt shall be
punished by imprisonment in the state prison for five, seven, or
nine years. The additional term provided in this section for
attempted willful, deliberate, and premeditated murder shall not be
imposed unless the fact that the attempted murder was willful,
deliberate, and premeditated is charged in the accusatory pleading
and admitted or found to be true by the trier of fact.

(b) If the crime attempted is punishable by imprisonment in a
county jail, the person guilty of the attempt shall be punished by
imprisonment in a county jail for a term not exceeding one-half the
term of imprisonment prescribed upon a conviction of the offense
attempted.

(c) If the offense so attempted is punishable by a fine, the
offender convicted of that attempt shall be punished by a fine not
exceeding one-half the largest fine which may be imposed upon a
conviction of the offense attempted.

(d) If a crime is divided into degrees, an attempt to commit the
crime may be of any of those degrees, and the punishment for the
attempt shall be determined as provided by this section.

(e) Notwithstanding subdivision (a), if attempted murder is
committed upon a peace officer or firefighter, as those terms are
defined in paragraphs (7) and (9) of subdivision (a) of Section
190.2, a custodial officer, as that term is defined in subdivision
(a) of Section 831 or subdivision (a) of Section 831.5, a custody
assistant, as that term is defined in subdivision (a) of Section
831.7, or a nonsworn uniformed employee of a sheriff's department
whose job entails the care or control of inmates in a detention
facility, as defined in subdivision (c) of Section 289.6, and the
person who commits the offense knows or reasonably should know that
the victim is a peace officer, firefighter, custodial officer,
custody assistant, or nonsworn uniformed employee of a sheriff's
department engaged in the performance of his or her duties, the
person guilty of the attempt shall be punished by imprisonment in the
state prison for life with the possibility of parole.

This subdivision shall apply if it is proven that a direct but
ineffectual act was committed by one person toward killing another
human being and the person committing the act harbored express malice
aforethought, namely, a specific intent to unlawfully kill another
human being. The Legislature finds and declares that this paragraph
is declaratory of existing law.

(f) Notwithstanding subdivision (a), if the elements of
subdivision (e) are proven in an attempted murder and it is also
charged and admitted or found to be true by the trier of fact that
the attempted murder was willful, deliberate, and premeditated, the
person guilty of the attempt shall be punished by imprisonment in the
state prison for 15 years to life. Article 2.5 (commencing with
Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to
reduce this minimum term of 15 years in state prison, and the person
shall not be released prior to serving 15 years' confinement.

Section 246 of the California Penal Code provides:

246. Any person who shall maliciously and willfully discharge a
firearm at an inhabited dwelling house, occupied building, occupied
motor vehicle, occupied aircraft, inhabited housecar, as defined in
Section 362 of the Vehicle Code, or inhabited camper, as defined in
Section 243 of the Vehicle Code, is guilty of a felony, and upon
conviction shall be punished by imprisonment in the state prison for
three, five, or seven years, or by imprisonment in the county jail
for a term of not less than six months and not exceeding one year.

As used in this section, "inhabited" means currently being used
for dwelling purposes, whether occupied or not.

Section 186.22(A) of the California Penal Code provides:

(a) Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years.

(b) (1) Except as provided in paragraphs (4) and (5), any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished as follows:

(A) Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court's discretion.

(B) If the felony is a serious felony, as defined in subdivision (c) of Section 1192.7, the person shall be punished by an additional term of five years.

(C) If the felony is a violent felony, as defined in subdivision (c) of Section 667.5, the person shall be punished by an additional term of 10 years.

(2) If the underlying felony described in paragraph (1) is committed on the grounds of, or within 1,000 feet of, a public or private elementary, vocational, junior high, or high school, during hours in which the facility is open for classes or school-related programs or when minors are using the facility, that fact shall be a circumstance in aggravation of the crime in imposing a term under paragraph (1).

(3) The court shall select the sentence enhancement which, in the court's discretion, best serves the interests of justice and shall state the reasons for its choice on the record at the time of the sentencing in accordance with the provisions of subdivision (d) of Section 1170.1.

(4) Any person who is convicted of a felony enumerated in this paragraph committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced to an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greater of:

(A) The term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 3046, if the felony is any of the offenses enumerated in subparagraph (B) or (C) of this paragraph.

(B) Imprisonment in the state prison for 15 years, if the felony is a home invasion robbery, in violation of subparagraph (A) of paragraph (1) of subdivision (a) of Section 213; carjacking, as defined in Section 215; a felony violation of Section 246; or a violation of Section 12022.55.

(C) Imprisonment in the state prison for seven years, if the felony is extortion, as defined in Section 519; or threats to victims and witnesses, as defined in Section 136.1.

(5) Except as provided in paragraph (4), any person who violates this subdivision in the commission of a felony punishable by imprisonment in the state prison for life shall not be paroled until a minimum of 15 calendar years have been served.

(c) If the court grants probation or suspends the execution of sentence imposed upon the defendant for a violation of subdivision (a), or in cases involving a true finding of the enhancement enumerated in subdivision (b), the court shall require that the defendant serve a minimum of 180 days in a county jail as a condition thereof.

(d) Any person who is convicted of a public offense punishable as a felony or a misdemeanor, which is committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison for one, two, or three years, provided that any person sentenced to imprisonment in the county jail shall be imprisoned for a period not to exceed one year, but not less than 180 days, and shall not be eligible for release upon completion of sentence, parole, or any other basis, until he or she has served 180 days. If the court grants probation or suspends the execution of sentence imposed upon the defendant, it shall require as a condition thereof that the defendant serve 180 days in a county jail.

(e) As used in this chapter, "pattern of criminal gang activity" means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of two or more of the following offenses, provided at least one of these offenses occurred after the effective date of this chapter and the last of those offenses occurred within three years after a prior offense, and the offenses were committed on separate occasions, or by two or more persons:

(1) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245.

(2) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1.

(3) Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1.

(4) The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances as defined in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code.

(5) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246.

(6) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 12034 until January 1, 2012, and, on or after that date, subdivisions (a) and (b) of Section 26100.

(7) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13.

( The intimidation of witnesses and victims, as defined in Section 136.1.

(9) Grand theft, as defined in subdivision (a) or (c) of Section 487.

(10) Grand theft of any firearm, vehicle, trailer, or vessel.

(11) Burglary, as defined in Section 459.

(12) Rape, as defined in Section 261.

(13) Looting, as defined in Section 463.

(14) Money laundering, as defined in Section 186.10.

(15) Kidnapping, as defined in Section 207.

(16) Mayhem, as defined in Section 203.

(17) Aggravated mayhem, as defined in Section 205.

(18) Torture, as defined in Section 206.

(19) Felony extortion, as defined in Sections 518 and 520.

(20) Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594.

(21) Carjacking, as defined in Section 215.

(22) The sale, delivery, or transfer of a firearm, as defined in Section 12072 until January 1, 2012, and, on or after that date, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.

(23) Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of Section 12101 until January 1, 2012, and, on or after that date, Section 29610.

(24) Threats to commit crimes resulting in death or great bodily injury, as defined in Section 422.

(25) Theft and unlawful taking or driving of a vehicle, as defined in Section 10851 of the Vehicle Code.

(26) Felony theft of an access card or account information, as defined in Section 484e.

(27) Counterfeiting, designing, using, or attempting to use an access card, as defined in Section 484f.

(28) Felony fraudulent use of an access card or account information, as defined in Section 484g.

(29) Unlawful use of personal identifying information to obtain credit, goods, services, or medical information, as defined in Section 530.5.

(30) Wrongfully obtaining Department of Motor Vehicles documentation, as defined in Section 529.7.

(31) Prohibited possession of a firearm in violation of Section 12021 until January 1, 2012, and on or after that date, Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.

(32) Carrying a concealed firearm in violation of Section 12025 until January 1, 2012, and, on or after that date, Section 25400.

(33) Carrying a loaded firearm in violation of Section 12031 until January 1, 2012, and, on or after that date, Section 25850.

(f) As used in this chapter, "criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of subdivision (e), having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(g) Notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section or refuse to impose the minimum jail sentence for misdemeanors in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

(h) Notwithstanding any other provision of law, for each person committed to the Division of Juvenile Facilities for a conviction pursuant to subdivision (a) or (b) of this section, the offense shall be deemed one for which the state shall pay the rate of 100 percent of the per capita institutional cost of the Division of Juvenile Facilities, pursuant to Section 912.5 of the Welfare and Institutions Code.

(i) In order to secure a conviction or sustain a juvenile petition, pursuant to subdivision (a) it is not necessary for the prosecution to prove that the person devotes all, or a substantial part, of his or her time or efforts to the criminal street gang, nor is it necessary to prove that the person is a member of the criminal street gang. Active participation in the criminal street gang is all that is required.

(j) A pattern of gang activity may be shown by the commission of one or more of the offenses enumerated in paragraphs (26) to (30), inclusive, of subdivision (e), and the commission of one or more of the offenses enumerated in paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of subdivision (e). A pattern of gang activity cannot be established solely by proof of commission of offenses enumerated in paragraphs (26) to (30), inclusive, of subdivision (e), alone.

(k) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.
- See more at: http://codes.lp.findlaw.com/cacode/PEN/3/1/7/11/s186.22#sthash.LLEDlaaI.dpuf

Outcome: Defendant was found guilty on the murder and attempted murder charges and faces life in prison without the possibility of parole when sentenced.