Sovereign

People v. Sovereign

Good Law
1993 Cal. App. LEXIS 648·27 Cal. App. 4th 317·39 Cal. Rptr. 2d 38·93 Daily Journal DAR 7756·93 Cal. Daily Op. Serv. 4599
Court of Appeal of CaliforniaJune 17, 1993A057563California3,060 words

Opinion

Opinion

Haning, J.

Jack Dale Sovereign appeals his conviction by guilty plea to attempted murder (Pen. Code, §§664, 187), with great bodily injury (§ 1203.075) and by use of a deadly weapon (§ 12022, subd. (b)). He contends his plea is constitutionally defective because he did not expressly waive his right to a jury trial. We affirm.

Facts and Procedural History

Because the facts underlying appellant’s plea are not essential to the determination of this appeal, a brief summation will suffice. In the early evening hours of September 19, 1991, 62-year-old William Naish was asleep on the couch at his residence. He awoke to find appellant rummaging through a nightstand. When Naish went to the telephone to summon assistance, appellant pulled the telephone cord out of the wall and stabbed Naish multiple times with a knife.

Appellant pled guilty to attempted murder (§§ 664, 187, subd. (a)), and admitted he personally used a weapon in the commission of the offense (§ 12022, subd. (b)) and inflicted great bodily injury upon the victim. (§ 1203.075.) Pursuant to a plea bargain appellant was sentenced to a total term of ten years—the middle term of seven years for the attempted murder, a…

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