P. v. Schauman
Defendant Lennart Christian Schauman was charged with involuntary manslaughter and battery with serious bodily injury after he punched the victim, Adam Martinez, in a nightclub, causing Martinez to fall and strike his head on the floor. Martinez died approximately two and one-half weeks later. The jury was unable to reach a verdict on the manslaughter charge, but found defendant guilty of battery. The trial court sentenced defendant to the midterm of three years.
Defendant makes two arguments on appeal. The first claim is that the trial court erred in failing to grant his request for change of venue. We shall conclude he has forfeited this claim for failure to raise it following jury selection.
His second claim is that there was insufficient evidence for the trial court to instruct the jury with CALCRIM No. 371, which informed the jury it could consider an attempt by the defendant to create false evidence or obtain false testimony. This instruction was based upon testimony given by defendant and his friend Anshul Khetarpal. We shall conclude there was a factual basis for the instruction, and shall affirm the judgment.
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