People v. Smith CA2/1

DISCUSSION

I. SUFFICIENT EVIDENCE SUPPORTS THE JURY’S FINDING

THAT SMITH’S ATTEMPT TO MURDER CHANESHIA HOWARD

WAS WILLFUL, DELIBERATE AND PREMEDITATED.

Smith does not challenge the jury’s verdict of attempted murder. Rather, he contends the evidence was insufficient to prove that the attempt was willful, deliberate and premeditated. We review the evidence in the light most favorable to the judgment. (Roby v. McKesson Corp. (2009) 47 Cal.4th 686, 693-694.) Smith and Chaneisha Howard had been in a relationship for about two years and had a child together. They lived together sporadically. Their relationship ended in November or December 2012, and Smith moved out of Howard’s apartment. When they were living together, Smith battered Howard on several occasions. In a September 2012 incident Howard blacked out after Smith choked her. In November 2012, Howard was watching television in her apartment when Smith turned the television off and plugged in his video game. They got into a fight, and Smith again choked Howard. She called the police. Later that same month, Smith threw a rock through Howard’s window, broke picture frames and ripped up her pictures. Smith admitted to her…