People v. Steward CA3

BACKGROUND

We provide the following brief description of the facts and procedural history of this case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1 At approximately 9:00 p.m. on April 17, 2015, Kerrye Wheeler was sitting in the driver’s seat of her car at 3113 Huntsman Drive in Sacramento. Her window was open and she was talking to her 13-year-old son, Joey, who was sitting in the front passenger seat. An individual, later identified as defendant, approached the driver’s side of the car and punched Wheeler in the face. Defendant told Wheeler to “[g]et out of the car” and said, “I’m not playing.” After defendant struck Wheeler, Joey got out of the car and ran inside to get his father. Meanwhile, defendant reached inside Wheeler’s car and opened the door. He then undid her seat belt, yanked her out of the car, and threw her into the street. Defendant got into the car and attempted to start it but was unable to do so. Eventually, defendant got out of the car and walked away, leaving some of his papers behind. A search of the car by the police revealed numerous papers with defendant’s name on them. Defendant was charged by an amended information with attempted…