People v. Vasquez CA5

BACKGROUND

I. The underlying crimes and procedural history

The following facts of the underlying crimes are taken from the appellate opinion in Vasquez’s prior appeal. (People v. Vasquez (Jun. 29, 2011, F059577) [nonpub. opn.], 2011 WL 2557496.) Vasquez and five friends were drinking beer and setting off Fourth-of-July fireworks in front of their apartments on Eye Street between Second and Third Streets in Bakersfield on the night of July 4, 2007. The men in the group were Vasquez, Gregory Aguilar, and Mike Aguirre. Also present were Vasquez’s girlfriend Yesenia Hernandez, her friend Venessa Alexander, and Ivan Gomez, who was the 14-year-old brother of Aguilar and Hernandez. The siblings, Aguilar and Hernandez, were known as “Menace” and “Nasty.” Aguirre said, “[L]et’s go beat someone up.” He also wanted to commit robberies. The others did not want to do so at first, but Aguirre persisted, repeating the suggestion several times. Vasquez finally agreed. Vasquez was especially interested in injuring someone, while Aguirre focused particularly on stealing. “[L]et’s go fuck somebody up, I’m gonna show you how to fight,” said Vasquez; while Aguirre said, “[A]ll right, I’m gonna…