P. v. Caro CA3
A jury convicted defendant Cesar Adolfo Caro of conspiracy to commit murder, count 1. The jury was unable to reach a verdict on count 2, attempted first degree murder, and the court declared a mistrial on count 2. Count 2 was later dismissed. The jury found a firearm enhancement not true. In bifurcated proceedings, the court sustained a strike prior for dissuading a witness.
Sentenced to state prison for an aggregate term of 50 years to life (25 years to life, doubled for the strike prior), defendant appeals. He contends the jury returned inconsistent verdicts, the verdicts indicated that the jury was confused in its deliberations, and the court erred in failing to grant a new trial on the ground of inconsistent verdicts and jury confusion. Defendant also contends defense counsel rendered ineffective assistance in recommending that defendant not accept a plea offer of six years. We reject defendant’s contentions and affirm the judgment.
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