People v. White CA5

BACKGROUND

Charges The Fresno County District Attorney charged White with committing two crimes: Attempted murder (Pen. Code, 2 §§ 664 & 187, subd. (a)) and assault with a deadly weapon (§ 245, subd. (a)(1)). The charges included enhancements for using a weapon (§ 12022, subd. (b)) and causing great bodily injury (§ 12022.7, subd. (a)). Sentencing enhancements alleged Three Strikes (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) and prior prison terms (§§ 667.5, subds. (a) & (b)). Trial Evidence The victim was “volunteering as a … therapist” at a rehabilitation center. White was an occasional patient. One day, White approached the victim in a room, closed the door, and “block[ed]” it. After some conversation, White asked her for candy and, when she turned around to oblige, attacked her with a knife. The victim was stabbed numerous times including “in the neck” and “into [the] head ….” White ran away but was quickly apprehended nearby. A law enforcement officer interviewed White. White initially denied any involvement but ultimately confessed. He admitted to “plann[ing]” the attack and “want[ing] that bitch dead.” “He felt … betrayed” by the victim because he thought she

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