People v. Vasquez CA2/5

I. INTRODUCTION

A jury convicted defendant Salvador Vasquez of second degree murder (Pen. Code1, § 187, subd. (a), count 1), two counts of possession of a firearm by a felon (§ 29800, subd. (a)(1), counts 2 and 3), and one count of carrying a loaded firearm in public by a felon (§ 25850, subd. (a), count 4). The jury also found true the allegation that defendant personally used a firearm during the commission of the murder. (§ 12022.5, subd. (a).) Following defendant’s admission that he previously sustained a serious or violent felony conviction within the meaning of section 667, subdivision (d) and section 1171.12, subdivision (b), the trial court sentenced him to 39 years and 4 months to life in prison. On appeal, defendant contends that the trial court failed to properly inquire about a juror’s potential misconduct; made errors in its evidentiary rulings; and prejudicially failed to instruct the jury regarding the limited purpose of gang evidence. Finally, defendant contends that the court abused its discretion by failing to stay the sentence on either count 3 or 4 pursuant to section 654. We will modify the judgment to stay the sentence on count 3. As so modified, we…