P. v. White
A jury found defendant William White guilty of assaulting his wife Willie Ruth Dean with a deadly weapon, to wit an extension cord, on December 19, 2009 ( ADDIN BA xc <@ost> xl 9 s HTOOEH000037 xpl 1 l "Pen. Code" Pen. Code,[1] ADDIN BA xc <@osdv> xl 19 s HTOOEH000039 l "§ 245, subd. (a)(1)" § 245, subd. (a)(1); count 1); making criminal threats on December 19, 2009 ( ADDIN BA xc <@osdv> xl 5 s HTOOEH000040 xpl 1 l "§ 422" § 422; count 2); attempting to murder Dean on January 3, 2010 ( ADDIN BA xc <@osdv> xl 22 s HTOOEH000041 xpl 1 l "§§ 187, subd. (a), 664" §§ 187, subd. (a), 664; count 3); inflicting corporal injury on Dean on January 3, 2010 ( ADDIN BA xc <@osdv> xl 18 s HTOOEH000042 xpl 1 l "§ 273.5, subd. (a)" § 273.5, subd. (a); count 4); and contempt of court ( ADDIN BA xc <@osdv> xl 5 s HTOOEH000043 xpl 1 l "§ 166" § 166, subd. (c)(1); count 6). The jury found defendant not guilty of second degree robbery ( ADDIN BA xc <@osdv> xl 5 s HTOOEH000044 xpl 1 l "§ 211" § 211; count 5) but guilty of the lesser included offense of petty theft ( ADDIN BA xc <@osdv> xl 5 s HTOOEH000045 xpl 1 l "§ 484" § 484) on January 3, 2010. The jury also found true allegations defendant personally inflicted great bodily injury under circumstances involving domestic violence in the commission of counts 3 and 4 ( ADDIN BA xc <@osdv> xl 20 s HTOOEH000046 xpl 1 l "§ 12022.7, subd. (e)" § 12022.7, subd. (e)), personally used a deadly weapon in the commission of counts 2, 3, and 4 ( ADDIN BA xc <@osdv> xl 21 s HTOOEH000047 xpl 1 l "§ 12022, subd. (b)(1)" § 12022, subd. (b)(1)), and acted with deliberation and premeditation in the commission of count 3. In a bifurcated proceeding, the trial court found true allegations defendant had four prior serious felony convictions ( ADDIN BA xc <@osdv> xl 37 s HTOOEH000048 xpl 1 l "§§ 667, subd. (d), 1170.12, subd. (b)" §§ 667, subd. (d), 1170.12, subd. (b)) and served two prior prison terms ( ADDIN BA xc <@osdv> xl 18 s HTOOEH000049 xpl 1 l "§ 667.5, subd. (a)" § 667.5, subd. (a)).
Sentenced to 61 years to life in state prison, defendant appeals.[2] He contends the trial court erred in (1) failing to instruct the jury sua sponte on attempted voluntary manslaughter as a lesser included offense of attempted murder, and (2) admitting evidence of a prior act of domestic violence. He also asserts his trial counsel was ineffective in failing to move to suppress certain evidence. Finding no error on the part of the trial court or defendant’s trial counsel, we shall affirm the judgment.
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