People v. Vargas CA4/1

I. FACTUAL AND PROCEDURAL BACKGROUND

One evening in February of 2022, 21-year-old Vargas met in an alley with 17-year-old John Doe to complete a previously arranged sale of marijuana. In the alley, Doe handed the marijuana to Vargas, and Vargas handed Doe what it took Doe just seconds to realize was counterfeit money. Immediately upon realizing that he had had been deceived, Doe commenced to give chase, intending “to beat [Vargas] up.” After Doe had advanced just a few steps, Vargas wheeled around with a gun in his hand and shot Doe in the thigh. Then a scuffle ensued, in which Vargas fired seven more bullets—striking Doe in the left and right shoulders, twice in the abdomen, and twice in the neck. As Doe clung to Vargas’s leg, Vargas said “let go.” Whereupon Doe released his grip, and Vargas fled. A. The Verdicts The People charged Vargas with attempted murder1 and second degree robbery, and the jury found him guilty of attempted voluntary manslaughter and the charged offense of second degree robbery. For enhancements, the jury found: on the attempted homicide (count one), that Vargas had used a

firearm within the meaning of Penal Code section 12022.5, subdivision (a);

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