P. v. Braido
Filed 5/17/06 P. v. Braido CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER BRAIDO, Defendant and Appellant. | B181968 (Los Angeles County Super. Ct. No. MA030030) |
APPEAL from a judgment of the Superior Court of the County of Los Angeles, Christopher G. Estes, Judge. Affirmed.
Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Margaret E. Maxwell and Susan S. Kim, Deputy Attorneys General, for Plaintiff and Respondent.
______________________
Christopher Braido appeals from the judgment entered following his conviction by a jury on two counts of attempting to dissuade a victim or witness from reporting a crime or giving testimony at trial or other authorized legal proceeding. (Pen. Code, § 136.1, subd. (c)(3).)[1] Braido contends the evidence is insufficient to support either conviction. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
1. The Incident on October 9, 2004
Braido, 20 years old at the time of trial, stayed at the home of his parents, Jane and Floyd Braido,[2] on the night of October 8, 2004. Braido and his mother began to argue the following morning; Jane Braido testified she and her son did not get along and argued and swore at each other frequently.
After Braido used some particularly abusive language, Jane Braido said she was going to call the police and went to the living room of her small, one-bedroom duplex to get the cordless telephone (the only telephone in the residence). Braido grabbed the telephone from her hand, and the argument continued. Jane Braido told him to leave or she would call the police. Braido responded by stating he was going to burn the house down and wreck his mother's automobile. Jane Braido went outside to her driveway; Braido followed her; and the two continued to argue and yell.
As the argument continued Jane Braido told Braido she was going to use a neighbor's telephone to call the police. Braido threatened to cut the telephone lines. Jane Braido replied, â€
