People v. Vertiz CA4/3

FACTS

I. The First Incident on the Day of the Murder

On March 14, 1996, at around 9:00 p.m., L.C., A.V., and several other friends left a quinceañera practice at a home on the corner of Wakeham and Oak Streets in Santa Ana. While they stood outside at the corner, a brown-colored car with four

1 Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) We shall use the current Penal Code section number throughout our opinion. All statutory references are to the Penal Code unless otherwise stated.

2 occupants approached them and stopped a couple of feet away. Both L.C. and A.V. identified Rivera as the front seat passenger of the car before and at trial. Rivera and codefendants Tapia, Diaz, and Castro got out of the car at the 2 same time. Rivera yelled “Lopers” and someone else said “Eastside.” Rivera and his codefendants threw beer cans at L.C., A.V., and their friends. Rivera approached L.C. and spoke to him. L.C., A.V., and their friends backed away without responding to the taunts. While Rivera was standing about 30 feet away, L.C. saw an object in Rivera’s pocket with a shape resembling a knife.…