People v. Eyre6/8/2004
STATEMENT OF THE CASE
On November 7, 2002, the Kern County District Attorney filed an information in superior court charging appellant Brad Edward Eyre as follows: count I-attempted murder (Pen. Code, §§ 187, subd. (a), 664); count II-attempted kidnapping (§§ 207, subd. (a), 664); count III-attempted robbery (§ 212.5, subd. (c), 664); count IV-assault with a firearm (§ 245, subd. (a)(2)); count V-making a criminal threat (§ 422); count VI-brandishing a firearm at an occupant of a motor vehicle (§ 417.3); count VII-brandishing a firearm (§ 417, subd. (a)(2)); count VIII-brandishing a firearm and causing great bodily injury (§ 417.6, subd. (a)); count IX-possession of a billy (§ 12020, subd. (a)); and count X-carrying a loaded firearm with the intent to commit a felony (§ 12023).
As to counts I through V, the district attorney alleged appellant personally used a firearm in the commission of the offenses (§ 12022.5, subd. (a)(1)) and personally inflicted great bodily injury on the victim (§ 12022.7). As to counts I, II, and III, the district attorney also alleged appellant personally discharged a firearm in the commission of these offenses (§ 12022.53, subd. (c)).
On November 8, 2002, appellant was arraigned, pleaded not guilty, and denied the special allegations.
On April 7, 2003, jury trial commenced in superior court.
On April 10, 2003, the jury returned verdicts finding appellant guilty on counts III, IV, V, VI, and VII and finding the firearm enhancements on counts III, IV, and V, to be true. The jury returned not guilty verdicts on counts I, II, VIII, IX, and X.
On May 8, 2003, the court denied appellant probation and sentenced him to a total term of 21 years in state prison. The court imposed the lower term of one year on count III and a consecutive term of 20 years on the related firearm enhancement. The court imposed the lower term of two years on count IV and the lower term of 16 months on counts V and VI, but stayed these terms and the related enhancement. (§ 654.) As to count VII, the court ordered appellant to serve one year in county jail but also stayed this term. (§ 654.) The court imposed a $200 restitution fine (§ 1202.4, subd. (b)), imposed and suspended a second such fine pending successful completion of parole (§ 1202.45), and ordered restitution to the victim in an amount to be determined. The court also awarded 257 days of custody credits.
On June 6, 2003, appellant filed a timely notice of appeal.
STATEMENT OF FACTS
In 2002, Ayub Dhar, a Dollar Rent-A-Car franchisee in Ridgecrest, entered into an oral agreement with appellant for the latter to haul cars between various locales at a rate of $100 per vehicle. Appellant was present when Dhar opened his office at 7:00 a.m. on September 27, 2002. The Dollar Rent-A-Car regional manager, Ms. Geesin, was also waiting to enter. Dhar told appellant he had found another car hauler who would charge about half as much as appellant. Appellant became upset so Dhar told him he would speak to his other partners and then let appellant know. Appellant returned at 8:30 a.m. and the regional manager was still present. Appellant was upset and Dhar said he had not had a chance to speak to his partners because it was still early. Dhar asked him to return at 9:00 a.m. Appellant did return and Dhar explained that a company from Los Angeles would haul his cars for half the price. Appellant responded angrily, using racial slurs against the India -born Dhar. Appellant was very mad as he prepared to depart and Dhar's brother said he would call the police if appellant did not leave the premises.
After appellant departed, Dhar picke
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