P v. Guilder
Appellant Guilder was convicted by jury of five counts of attempted murder (Pen. Code, 664, 187, subd. (a)), six counts of assault with a deadly weapon by means of force likely to produce great bodily injury ( 245, subd. (a)(1)), and one count of making criminal threats ( 422). Various sentencing enhancements were found true. All of appellants convictions arose from an incident during which appellant went on a rampage in his vehicle, attempting to run down numerous victims, including his four-year-old daughter and six-year-old stepdaughter. After being sentenced to 21 years, 4 months plus two consecutive life terms, appellant filed this appeal.
On appeal, appellant claims that this case should be dismissed because of the [o]utrageous government misconduct of the prosecutor in listening to privileged attorney/client communications. He also claims that [t]his is not the kind of case that enables the jury to draw reasonable inferences that appellant possessed the specific intent to kill necessary to support his conviction for three of the counts of attempted murder. Error is also alleged in giving and omitting certain jury instructions. Lastly, appellant claims he received ineffective assistance of counsel at trial because of counsels failure to pose timely and appropriate objections to ensure that highly objectionable and inflammatory evidence was kept from the trier of fact. Court reject these arguments and affirm.
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