People v. Ewers CA3

Filed 11/5/24 P. v. Ewers CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C100155

Plaintiff and Respondent, (Super. Ct. No. 15F02083)

v.

CHARLES EWERS,

Defendant and Appellant.

Defendant Charles Ewers appeals from the trial court’s denial of his Penal Code section 1172.6 petition. (Statutory section citations that follow are found in the Penal Code unless otherwise stated.) Defendant argues the court engaged in impermissible factfinding when it found him ineligible for relief at the prima facie stage. Because the court properly considered the factual basis from defendant’s plea hearing when denying the petition, we affirm the order.

1

FACTS AND HISTORY OF THE PROCEEDINGS In 2016, the People charged defendant with two counts of attempted murder (§§ 187, subd. (a), 664) and two counts of child abuse under circumstances likely to cause great bodily injury or death (§ 273a, subd. (a)). As to the attempted murders, the People alleged defendant committed the attempted murders willfully, deliberately, and with premeditation (§ 664, subd. (a)), personally inflicted great bodily injury on each victim (§ 12022.7, subd. (a)), and was armed with a mallet as to each victim (§ 12022, subd. (b)(1)). Defendant ultimately pleaded no contest to both counts of attempted murder and admitted the great bodily injury allegation as to one count of attempted murder and the deadly weapon allegation as to the other count of attempted murder. At the plea hearing, the prosecutor recited the following factual basis: “On Saturday, April 4th, 2015, at around 9:24 p.m., Deputy Amend and Deputy Cook were dispatched to a missing persons call. The caller, [mother] reported that she was supposed to pick up her children, [D.] Doe and [S.] Doe, from their father, who had had them on a day trip. He was not home and not responding to their call. “At approximately 9:35 that night, both deputies arrived at the home, which is located . . . in the County of Sacramento. Upon arrival, they found the house dark and it appeared nobody was home. “Upon their exit, one of the deputies placed her hand on the garage door and noticed that it was hot. At that time she located her sergeant, who gave her clearance to bust down the garage door to find out if there was someone inside. “Once the garage door came down, both deputies saw two children located in a running vehicle. Both kids were bloodied on the hands and on -- excuse me, on their faces and on their heads as well. Once they opened the garage, they took both children