People v. Ware CA2/5

I. BACKGROUND

A. The Offense Conduct Ultimately Resulting in Defendant’s Conviction for Attempted Criminal Threats For the sake of completeness, we reiterate the summary of defendant’s offense conduct included in our prior opinions. Early in the morning on February 26, 2015, defendant’s mother called 911 to report defendant was causing a disturbance at her house and refusing to leave the property. Defendant left the scene before the responding police officers arrived. Later that same morning, defendant’s brother Rick spoke to defendant by phone and recorded the call without telling defendant he was doing so. Rick placed the call on speakerphone so their mother, who was also in the house, could listen in. Defendant said he wanted to come over to the house so he could eat, take his diabetes medication, and shower before going to school. Rick refused to give defendant permission to enter the house, explaining it was not his house (it was their mother’s) and reminding defendant he would “assault everybody” whenever he came over. Defendant then began arguing with Rick, and Rick repeatedly told defendant he should get counseling or enter a treatment program to address his substance…