P. v. Isbell

Filed 4/3/06 P. v. Isbell CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SIXTH APPELLATE DISTRICT

Defendant Sheb Lesly Isbell appeals from a judgment of conviction entered after a jury found him guilty of attempted murder (Pen. Code, §§ 664, 187).[1] The jury also found that defendant willfully, deliberately and with premeditation attempted the murder (§§ 664, 187, 189), personally used a deadly weapon (§12022, subd. (b)(1)), and personally inflicted great bodily injury upon the victim (§§12022.7, subd. (a), 1203, subd. (e)(3)). In a bifurcated proceeding, the jury found that defendant had suffered a prior strike conviction for attempted murder. (§§ 667, subds. (a)-(i), 1170.12.) The trial court sentenced defendant to prison for life with the possibility of parole, which was consecutive to a nine-year determinate term. On appeal, defendant contends that the trial court erred in denying his motion for a new trial based on ineffective assistance of counsel and in denying him his right to testify at trial. We find no error and affirm.

I. Statement of Facts

A. Prosecution Case

George Bachora had known defendant for about six years, and they got along well. On August 22, 2003, Bachora saw defendant's estranged wife, Jaime Isbell, at a bar, and asked her for defendant's telephone number. Ms. Isbell entered defendant's name and number into Bachora's cell phone. Later that night, as Bachora was eating dinner at home, defendant's name was displayed on his cell phone. Bachora did not take the call. However, defendant left a message in which he asked Bachora to meet him for a beer. About fifteen minutes later, defendant called again and asked Bachora to meet him. Bachora agreed.[2]

Bachora met defendant and defendant's friend Tracy Bell at Coconut Willie's Bar. They eventually went to the Sportsman Bar. Shortly after they arrived, defendant asked Bachora to accompany him to the patio behind the bar. As they entered the patio, defendant hit Bachora on the cheek. Bachora then realized that he had been stabbed in the cheek, and that one tooth was slashed in half, his tongue was cut, and a knife was in his mouth. Defendant also stabbed Bachora's neck, and moved the knife back and forth. Bachora did not know why defendant had attacked him.

Tina Zamora was working as a bartender at the Sportsman Bar that night. According to Zamora, defendant, Bachora, and a woman entered the bar at about 10:30 p.m. She felt uncomfortable, because they were not regular customers and defendant appeared angry. As Zamora walked out of the bathroom in the back of the bar, she heard the door to the patio squeak. Since the patio was closed, no one was supposed to be there. Zamora pushed the door open and saw defendant lunge at Bachora. She heard bones crunching and thought that Bachora's jaw had broken. Not realizing how badly Bachora had been hurt, Zamora walked him back into the bar. Defendant fled by jumping over a fence.

As others assisted Bachora, Zamora went out the front door. She knew defendant would have to come over a fence from the alleyway to leave the area. As he did so, she asked two friends to stop him. However, defendant managed to evade them and ran away. Zamora reentered the bar and asked Bachora who his assailant was. He said, â€