P. v. Chatman

Filed 1/23/07  P. v. Chatman CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

I.          INTRODUCTION

            Larry Chatman was convicted of attempted murder, assault with a deadly weapon and mayhem.  On appeal, Chatman contends the judgment must be reversed for two independent reasons, juror misconduct and ineffective assistance of counsel.  We affirm.

II.        STATEMENT OF FACTS

            Chatman and Gregory Everetts are cousins by marriage and have known each other for around forty years.  On the afternoon of December 25, 2003, Chatman, his girlfriend, Betty Owens, and their son were among the guests who celebrated Christmas at Everetts's new home in Suisun City.  Shortly after Chatman arrived at the house, he and Everetts went to the store to buy some pasta and a lottery ticket.  After they returned, the two men went to the garage where they talked and drank brandy.

            Everetts testified at trial that his conversation with Chatman was friendly at first but then turned ugly.  According to Everetts, Chatman complained that Everetts was bragging about having a new house.  Everetts tried to assure Chatman that he could have a home, too, but Chatman became angry and started to taunt Everetts, who is â€