People v. Bowen
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Bowen was charged with attempted murder and assault with a deadly weapon. With count one, the information alleged personal use of a deadly and dangerous weapon, a knife, and that Bowen committed the attempted murder willfully, deliberately, and with premeditation. With respect to both counts, the information alleged a great bodily injury enhancement. A jury found Bowen guilty and the enhancements to be true. He was sentenced to seven years to life imprisonment for attempted murder plus three years for the great bodily injury enhancement and one year for the use of a deadly and dangerous weapon enhancement. On count two he was sentenced to four years plus three years for the great bodily injury enhancement. The court stated the time imposed for count two.
The court of appeal affirmed, rejecting an argument that evidence (knives) should have been excluded because they were the product of a warrantless search in which the police requested that Bowen’s mobile service provider “ping” his phone and provide location data. The court cited exigent circumstances. The prosecutor did not commit misconduct during closing arguments, so Bowen’s attorney was not ineffective for failing to object. There was sufficient evidence of premeditation and deliberation and Bowen’s sentence for attempted murder was authorized.
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