People v. Ewers CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In 2016, the People charged defendant with two counts of attempted murder (§§ 187, subd. (a), 664) and two counts of child abuse under circumstances likely to cause great bodily injury or death (§ 273a, subd. (a)). As to the attempted murders, the People alleged defendant committed the attempted murders willfully, deliberately, and with premeditation (§ 664, subd. (a)), personally inflicted great bodily injury on each victim (§ 12022.7, subd. (a)), and was armed with a mallet as to each victim (§ 12022, subd. (b)(1)). Defendant ultimately pleaded no contest to both counts of attempted murder and admitted the great bodily injury allegation as to one count of attempted murder and the deadly weapon allegation as to the other count of attempted murder. At the plea hearing, the prosecutor recited the following factual basis: “On Saturday, April 4th, 2015, at around 9:24 p.m., Deputy Amend and Deputy Cook were dispatched to a missing persons call. The caller, [mother] reported that she was supposed to pick up her children, [D.] Doe and [S.] Doe, from their father, who had had them on a day trip. He was not home and not responding to their call. “At…