Womack

Introduction

Defendant Erick L. Womack appeals from a judgment of conviction entered after a jury found him guilty of willful, deliberate and premeditated attempted murder (Pen. Code, §§ 187, subd. (a), 664), in the course of which he used a deadly weapon (id., § 12022, subd. (b)), and attempting to induce a witness to give false or to withhold true testimony (id., § 137, subd. (b)). Thereafter, defendant was sentenced to state prison for the term prescribed by law.

Statement of Facts

Thomas Sembower (Sembower), a witness assisting in the prosecution of Robert Foster (Foster), had been placed in protective custody at the Concord Hotel in El Segundo. Sembower left the hotel on foot on the evening of March 5, 1994. As he stepped out onto the sidewalk, defendant came up behind him, placed a rope around his neck, pulled it tight and brought Sembower down to the ground. Sembower managed to get his hands on the rope, but another individual jumped on his legs. This individual ripped open Sembower’s jacket and T-shirt. He then drew a knife and began slicing Sembower’s chest. As he did so, he told Sembower he should have been loyal to Foster; he should have kept his mouth shut.…