P. v. Sanders CA5
Defendant Lester Eugene Sanders attacked his mother in her bedroom one morning with a broom, a cell phone and broken glass. He was arrested several hours later and charged with willful, deliberate and premeditated attempted murder (Pen. Code, §§ 664/187, subd. (a)) (count 1), two counts of assault with a deadly weapon (§ 245, subd. (a)(1)) (count 2 (broom) and count 3 (broken glass)), assault by means of force likely to produce great bodily injury (GBI) (§ 245, subd. (a)(4)) (count 4 (cell phone)), dissuading a witness (§ 136.1, subd. (b)(1)) (count 5), and mayhem (§ 203) (count 6). Prior to trial, the court dismissed the mayhem charge and, following the prosecution’s case-in-chief at trial, it also dismissed the charge of dissuading a witness. The jury convicted defendant of attempted murder, the lesser offense of simple assault on count 2, assault with a deadly weapon and assault by means of force likely to produce GBI. The jury found the special allegation that the atte
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