People v. Perez CA2/5

I. BACKGROUND

A. The Offense Conduct2 In July 2006, defendant was the driver in an attempted robbery at an AM/PM gas station convenience store. Co- defendant Adam Loza (Loza) was also present, as were their younger brothers. While defendant was waiting outside in a vehicle, Loza’s younger brother brought a 12-pack of beer to the

1 Undesignated statutory references that follow are to the Penal Code. 2 We granted defendant’s request that we take judicial notice of the record in defendant’s previous appeal from the denial of his petition for resentencing. (People v. Perez (Sept. 15, 2023, B319874) [nonpub. opn.].) Our description of the offense conduct draws on the opinion in that case, which in turn draws on the opinion in defendant’s appeal from the judgment of conviction. (People v. Julio Perez and Eric Sanford (May 7, 2010, B211015) [nonpub. opn.].)

2 mini mart’s register. When the clerk would not sell him the beer because he looked too young, a fight broke out between the clerk and the two brothers until other gas station employees were able to break up the fight. Several months later, in November 2006, defendant, Loza, and co-defendant Eric Sanford (Sanford) attempted to…