The People v. Schauman CA3

Filed 10/3/13 P. v. Schauman CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta)

THE PEOPLE, C070009

Plaintiff and Respondent, (Super. Ct. No. 11F2854)

v.

LENNART CHRISTIAN SCHAUMAN,

Defendant and Appellant.

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.

1

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. FACTUAL AND PROCEDURAL BACKGROUND On April 24, 2009, defendant and his girlfriend at the time, Kathie Willoughby, attended a barbecue together. Defendant’s friend Khetarpal was also at the barbecue. Later in the evening, the three of them, together with a friend of Willoughby’s, took a cab to Club Ice. According to defendant while they were at the club he saw Martinez approach Willoughby and get very close to her. He thought that Willoughby was being assaulted and that he needed to “go address the situation.” He went to Martinez, grabbed him by the shoulder to spin him around, and punched him on the right side of his face. Martinez fell to the floor. Defendant grabbed Willoughby’s hand and started to leave. They were stopped and detained by a bouncer. Defendant admitted to the bouncer that he hit Martinez, and apologized for causing any problems. Martinez died on May 14, 2009. His death was the result of trauma from hitting his head on the floor when he fell. DISCUSSION I Change of Venue Claim Forfeited Defendant filed a change of venue motion prior to jury selection. The morning before jury voir dire, the trial court denied the motion without prejudice to its renewal if problems were encountered during jury selection. The change of venue motion was not renewed after jury voir dire.