People v. Vaira CA3

Filed 4/7/14 P. v. Vaira CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C072906

Plaintiff and Respondent, (Super. Ct. Nos. 10F8947, 11F4173)

v.

BRANDON JUSTICE JAMES VAIRA,

Defendant and Appellant.

This appeal involves two Shasta County Superior Court cases. FACTUAL AND PROCEDURAL BACKGROUND During the evening of June 29, 2011, Albert Palen was in his motel room in Redding with Chala Och, whom he had invited in to share some food. They left together later and picked up pornographic movies after which Och drove to defendant’s residence where she purchased methamphetamine with money provided by Palen. Palen and Och returned to the motel room where they shared the methamphetamine.

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The next day, Palen allowed Och to borrow his car to pick up some clothes; however, Och did not return to the motel room until that evening. They watched a movie, had sex, and went to bed. Och became uncomfortable and scared, so she left and drove Palen’s car to defendant’s residence. About an hour and one-half later, Och returned to Palen’s room with a Taser. She was also accompanied by defendant and another male. Och and defendant, who had a handgun, asked for Palen’s wallet. When Palen hesitated, Och struck him with the Taser. After further demands, Palen gave Och and defendant his wallet and cell phone. At one point, defendant made Palen think defendant was going to shoot him. Palen threw his arm up, striking the gun, and causing it to discharge a bullet into the ceiling. Defendant, Och, and the third male then left and Palen called the police. A crime scene technician extracted a small caliber bullet from a hole in the ceiling of the motel room. It was stipulated that peace officers recovered a .32-caliber gun from defendant’s bedroom. When defendant was arrested, a Taser was in his car. Defendant testified that Och had previously bought methamphetamine from him. Around July 1, 2011, Och called asking for drugs. Och told Tiffany, the woman with whom defendant was living, that Palen would not let her take her belongings out of the motel room so she could leave. Defendant, armed with his gun, went to the motel for the purpose of helping Och get her property. Defendant waited outside, but entered the room when he heard Och scream for help. Och went after Palen with the Taser, but Palen tripped in trying to get away from her and hit defendant’s hand, causing the gun to discharge. Och then took Palen’s wallet and cell phone and they left. Consolidated information in case No. 11F4173, an 11 count information, charged defendant Brandon Justice James Vaira with eight offenses and codefendant Tiffany Durham with three offenses. The information also charged enhancements for service of a