People v. Vasquez CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

On the evening of July 10, 2016, appellant’s girlfriend Raquel Martinez (Martinez) drove with appellant, who is a member of the Temple Street gang, around the area of Rampart Boulevard and Beverly Boulevard in Los Angeles—Temple Street gang territory. A group of people stood outside a nearby banquet hall, and this group included members of the rival 18th Street gang. Martinez parked her car down the street from the hall, and appellant got out of the car. He walked toward the group standing outside and yelled, “Puro 18,” to elicit a response and identify 18th Street gang members. Someone in the group responded, “18,” and another person working in concert with appellant (who police never identified) shot that man dead.

II. Procedural Background

The People charged appellant with six counts, four of which involved incidents unrelated to this appeal. In connection with the above incident, the People charged appellant with murder (Pen. Code,1 § 187, subd. (a)) and unlawful firearm activity (§ 29820, subd. (b)). As to the murder, the People further alleged that appellant personally and intentionally discharged a firearm (§ 12022.53,…