People v. Vega CA2/5

FACTS AND PROCEDURAL HISTORY

The People’s Return to the Second Order to Show Cause

In the return to the second order to show cause following this court’s remand, the People argued that the record of conviction proved that Vega was guilty of murder beyond a reasonable doubt under a theory of felony murder, as a major participant who acted with reckless indifference to life, and also as a direct aider and abettor of implied malice murder.

Evidence from the Record of Conviction

The Offenses

In early November 2006, brothers Sam and Simon Khalil owned and operated the Maple Market and Liquor Store (Maple Market) in Los Angeles.3 The store sold various items and cashed checks. The Maple Market required people to provide identification when cashing checks, unless the check came from a known company, such as the Print Shop, which was located about one-half mile away. Around October 18 or 19, 2006, the Print Shop was burglarized, and blank checks were stolen. Olloqui obtained some of the blank Print Shop checks.

3 Because they share the same last name, we refer to Sam and Simon Khalil by their first names throughout the opinion. No disrespect is intended.

4 On October 20 and 21,…