People v. Vasquez CA2/4

INTRODUCTION

Appellant Rudy Evan Vasquez appeals from an order denying his petition for resentencing under Penal Code section 1172.6.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and appellant filed a supplemental brief. We review the contentions appellant raises in his supplemental brief and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

A. Prior proceedings The following facts and prior history are taken in part from our previous nonpublished opinion, People v. Vasquez (May 19, 2021, B308426) (Vasquez). “In May 1992, a reputed member of appellant Rudy Vasquez’s gang was killed by a rival gang member. Two weeks later, appellant drove into the rival gang’s territory. A fellow occupant of his car fired five or six gunshots into a group of rival gang members. Two of the rivals were hit, and one died.[ ]” “In 1994, a jury found appellant guilty of one count of second degree murder, with an enhancement for a principal’s use of a firearm, and one count of attempted first degree murder. The trial court sentenced appellant to 16 years to life plus a consecutive life sentence.” (Vasquez, supra.) In 2015, appellant filed a…