P. v. Schumann
Filed 8/4/06 P. v. Schumann CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. KATHERINE SCHUMANN et al., Defendants and Appellants. | E036689 (Super.Ct.No. FSB032415) O P I N I O N |
APPEAL from the Superior Court of San Bernardino County. James A. Edwards, Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed with directions.
Stephen S. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant Katherine Schumann.
Stephen M. Lathrop, under appointment by the Court of Appeal, for Defendant and Appellant Gregory Vance, Jr.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Gil P. Gonzalez and Raquel M. Gonzalez, Supervising Deputy Attorneys General, for Plaintiff and Respondent.
INTRODUCTION
Gregory Vance, Jr. and Katherine Schumann were charged in the same information, tried before separate juries, and found guilty as charged of the burglary felony murder of Benny Ellis (Pen. Code, § 187, subd. (a);[1] count 1), and the burglary of Ellis's residence (§ 459; count 2).[2] Vance admitted he had one prior strike/serious felony conviction (§ 667, subds. (a) -(i)) and one prison prior (§ 667.5, subd. (b)). Vance was sentenced to 56 years to life.[3] Schumann was sentenced to 25 years to life.[4]
Vance contends: (1) the trial court failed to instruct his jury that burglary felony murder must be based on entry of a residence with intent to steal, as opposed to intent to assault; (2) he received ineffective, pro forma assistance of counsel at sentencing; (3) insufficient evidence supports the trial court's true findings on his prior strike/serious felony conviction and prison prior; and (4) his abstract of judgment must be corrected to state that he was convicted in count 2 by a â€
