People v. Miears CA3

Filed 3/17/15 P. v. Miears CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C074710

Plaintiff and Respondent, (Super. Ct. No. 11F06441)

v.

CHRISTOPHER HILTON MIEARS,

Defendant and Appellant.

Defendant Christopher Hilton Miears shot his wife twice with a shotgun. Convicted of attempted premeditated murder and other crimes, he appeals. He contends the evidence was insufficient to support a finding that the attempted murder was premeditated. We affirm. PROCEDURE A jury found defendant guilty of premeditated attempted murder (Pen. Code, §§ 187, subd. (a); 664, subd. (a)), spousal abuse (Pen. Code, § 273.5, subd. (a)), and elder

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abuse (Pen. Code, § 368, subd. (b)(1)), and the jury found true allegations that he personally inflicted great bodily injury in a domestic violence case (Pen. Code, § 12022.7, subd. (e)), personally used a firearm (Pen. Code, §§ 1203.06, subd. (a)(1); 12022.5, subd. (a)(1)), and personally discharged a firearm causing great bodily injury (Pen. Code, § 12022.53, subd. (d)). The trial court sentenced defendant to a total indeterminate term of 32 years to life in state prison. It imposed seven years to life for attempted premeditated murder, plus 25 years to life for personally discharging a firearm causing great bodily injury, and it imposed and stayed terms for the remaining counts and enhancements. FACTS Defendant was married to Judith Posehn, who was 71 years old when defendant committed his crimes. The marriage was not good because defendant was, in Posehn’s words, “drunk all the time and doing drugs and staying out all night.” On September 18, 2011, defendant left the house in the morning and did not communicate with Posehn until around 8:00 p.m., when he called to say that he was coming home. She could tell he had been drinking. When defendant got home, Posehn was already in bed. Defendant drove into the driveway, hitting the garage door. He then kicked or banged on the security screen door, so Posehn’s daughter-in-law, Angel, would let him in. The noise woke up Posehn. Angel went to the kitchen, and defendant also walked into the kitchen and sat down at the table. He talked about the different kinds of alcohol he had drunk that night. Angel described defendant’s demeanor as “goofy” and “joking around.” Posehn came out of her bedroom and sat down in a chair in the living room. Defendant approached her and punched her in the side of the head with his fist. Defendant said, “This is what you forced me to do.” Angel tried to use the telephone to call 911, but defendant struggled with her over the phone. Posehn tried to get back to her