Garrett

Filed 6/30/

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C067436

v. (Super. Ct. No. 08F09401)

VICTOR TYRONE GARRETT,

Defendant and Appellant.

THE PEOPLE,

Plaintiff and Respondent, C069886

v. (Super. Ct. No. 08F09401)

ERION DEMONTA VARNADO,

Defendant and Appellant.

APPEALS from judgments of the Superior Court of Sacramento County, Laurie M. Earl and James P. Arguelles, Judges. Reversed in part and affirmed in part.

Barbara Michel, under appointment by the Court of Appeal, for Victor Tyrone Garrett, Defendant and Appellant.

* Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of parts I through VII of the discussion.

1 Victor J. Morse, under appointment by the Court of Appeal, for Erion Demonta Varnado, Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Michael P. Farrell, Assistant Attorneys…