People v. Schowachert CA5

INTRODUCTION

On July 19, 2019, a jury convicted defendant John-Paul Frank Schowachert of the attempted murder of Shane M.1 (Pen. Code,2 §§ 187, subd. (a), 664; count 1) and assault of Shane with a deadly weapon (§ 245, subd. (a)(1); count 2). As to count 1, the jury found defendant committed the offense willfully, deliberately, and with premeditation (§ 189, subd. (a)) and that defendant personally used a knife in the commission of the offense (§ 12022, subd. (b)(1)). As to both counts, the jury found defendant personally inflicted great bodily injury upon Shane (§ 12022.7, subd. (a)). Defendant was sentenced to an aggregate term of 11 years to life. On appeal, defendant contends: (1) trial counsel’s failure to object to evidence regarding his prior prison history prejudiced his case and thus constituted ineffective assistance of counsel; (2) insufficient evidence of premeditation and deliberation exists to support the finding the attempted murder was willful, deliberate, and premeditated; (3) insufficient evidence of intent to kill exists to support his attempted murder conviction; (4) the trial court violated defendant’s rights to due process and a fair trial by failing to…