People v. Andrade CA5

BACKGROUND

In an information filed September 3, 2020, the Stanislaus County District Attorney charged Andrade with premeditated murder (Pen. Code,1 § 187, subd. (a); Count 1), with a personal firearm use enhancement (§ 12022.53, subd. (d).) Co-defendant Isabel Pastran was charged with accessory after-the-fact. (§ 32.) A jury found Andrade guilty of murder and found the firearm enhancement to be true. The jury found the intentional, deliberate and premeditated allegation not true. The court sentenced Andrade to a term of 15 years to life on the murder conviction, plus a consecutive term of 25 years to life on the firearm enhancement.

FACTS

On January 29, 2020, Ralph Vigil went to the Venice Motel room of his friend, J.N. They drank a couple beers together, and Vigil also had about “half a shot” of whiskey. After about 10 minutes, Vigil said he needed to go see somebody and would be right back. J.N. testified Vigil left without his bike, which remained with J.N. However, surveillance video showed Vigil getting on a bicycle upon leaving the room, with a bottle in his hand. Vigil’s friend E.Y. had been out collecting recyclables that day and was approaching Almond Street when he…