People v. Paz CA4/2

I.

FACTS AND PROCEDURAL HISTORY

a. Evidence At trial

Defendant was a tenant in the victim’s home. On the morning of May 14, 2011,

defendant was in his bedroom, and the victim was at home in another part of the house.

Defendant heard someone knock at the front door, and after opening the door, discovered

two unknown men standing there. The men told the victim that they were looking for

defendant. The victim turned around to walk toward defendant’s room to let him know

that he had visitors. As the victim turned around, the men entered the house behind him,

struck the back of the victim’s head, and the victim fell to the ground.

All further statutory references are to the Penal Code, unless otherwise noted.

2 At some point, defendant left his room, came up to the victim and punched the

victim in the stomach several times. One of the men told the victim to stop charging

defendant rent. Defendant discharged a Taser device against the victim’s neck. The

victim fell to the floor. Although defendant disputed participating in the attack, at trial,

the victim identified defendant as having done so.

While the victim was on the floor, defendant used plastic zip-ties to…