P. v. Nicora
Filed 7/24/06 P. v. Nicora CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin)
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| THE PEOPLE, Plaintiff and Respondent, v. DON AMEDEO NICORA, Defendant and Appellant. | C050225
(Super. Ct. No. SF092623A)
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A jury found defendant Don Amedeo Nicora guilty of attempted premeditated murder, aggravated mayhem, elder abuse, and battery with serious bodily injury, and acquitted him of torture. The jury also sustained various sentence enhancements. The trial court sustained a prior strike and three prior prison term allegations and sentenced defendant to 26 years to life.
On appeal, defendant contends there is insufficient evidence of premeditation and deliberation to support the attempted murder conviction. He also claims uncharged misconduct evidence was improperly admitted. We reject both contentions and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Defendant lived with his 89-year-old father Amedeo Nicora on his father's farm near Stockton. On Monday, July 19, 2004, Amedeo was getting ready to go to bed when he was attacked by defendant. According to Amedeo, defendant â€
