People v. Vasquez CA5

INTRODUCTION

Petitioner Tony Vasquez petitioned the superior court, pursuant to section 1172.6 of the Penal Code,1 for resentencing on his convictions for murder (§ 187, subd. (a)), and attempted murder (§§ 187, subd. (a), 664). The trial court denied the petition at the prima facie stage on the ground the jury’s verdict established petitioner was convicted as the direct perpetrator of the offenses. On appeal, petitioner contends the record does not establish his ineligibility for resentencing as a matter of law. We reject petitioner’s contentions and affirm.

PROCEDURAL HISTORY2

I. Conviction, Sentence, and Direct Appeal

“[Petitioner] was charged with one count of first[]degree murder (. . . §§ 187, subd. (a), 189 [count 1]); two counts of attempted murder (§§ 187, subd. (a), 664 [counts 2 & 6]); three counts of shooting at an occupied motor vehicle (§ 246 [counts 3, 5, & 7]); two counts of illegal firearm possession (§ 29800, subd. (a)(1) [counts 4 & 8]); and one count of criminal threats (§ 422 [count 9]). In connection with count 1, the information alleged the special circumstances of discharging a firearm from a motor vehicle at a person outside said vehicle (§ 190.2,…