People v. Vigeant CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts3

A. The underlying crime In 2007, defendant and his cousin Trevor Glenn Landers (Landers) were United States Marines stationed at Camp Pendleton Marine Base. In August of that year, they befriended Ramon Hernandez (Hernandez), a fellow Marine who told them about the injuries he had received on his second tour of duty in Iraq. His injuries were significant: He had shrapnel inside his brain. He lost his left eye, his sense of smell, his left frontal lobe

All further statutory references are to the Penal Code unless otherwise indicated.

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) We therefore refer to the law formerly codified at section 1170.95 as section 1172.6.

These facts are drawn directly from the trial transcript, which defendant in his reply brief concedes we may consider.

2 and part of his right frontal lobe. He suffered nerve damage in his right arm and hand. And his brain injuries affected his thinking, causing him to process information more slowly and diminishing his ability to feel empathy toward others. Soon after…