People v. Schumacher CA3

Facts Supporting the Plea There was no preliminary hearing or probation report. The parties stipulated that the factual basis for defendant’s pleas could be found in the police reports, which are not in the appellate record. However, the People presented the underlying facts in their motion to order restitution, and defendant agrees that the People’s summary accurately represents the facts. The motion states, in part: “Mr. Byron (Byron), the victim, lived with a woman named Peggy Schumacher, who is the defendant’s . . . grandmother. Peggy allowed Byron to live on the property in his trailer and operate a marijuana grow. Three to four weeks prior to the incident that gave rise to the charges in this case, [defendant] moved into his grandmother’s residence. “Upon moving into the residence, [defendant] displayed aggressive behavior toward Byron and his friends. [Defendant] advised Byron that he didn’t like the way one of Byron’s friends looked at him and he wanted the friend off his grandmother’s property. [Defendant] then produced a nine-millimeter handgun, shot a round into a tree, and then said, ‘Do something about it.’ At another time, [defendant] arrived at the property with…