People v. Vasquez CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In 2007, a jury found Vasquez guilty of first degree murder (§ 187, subd. (a)), along with making findings that Vasquez personally used a firearm (§ 12022.53, subds. (d) & (e)(1)) and the crime was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). Vasquez was sentenced to an indeterminate term of 50 years to life in prison. In 2009, we affirmed the judgment in an unpublished opinion. (People v. Vasquez (Feb. 5,

2009, D050954) [nonpub. opn.] (Vasquez 2009.))3

1 Unless otherwise indicated, all further statutory references are to the Penal Code. 2 Until June 30, 2022, section 1172.6 was codified as section 1170.95. (Stats. 2022, ch. 58, § 10.) We refer to the current codification throughout this opinion. 3 Vasquez has requested that we take judicial notice of Vasquez 2009, supra, D050954. We grant the request. In a second request, Vasquez has requested judicial notice of the written jury instructions used during his 2007 trial. We deny that request because (1) those documents are not relevant to the issue of collateral estoppel that is dispositive in this appeal, and (2) those

2 In a 2021 opinion…