People v. Vasquez CA2/5

I. BACKGROUND

A. Defendant’s 2005 Conviction and Sentencing2 Defendant took car keys from a neighbor twice in September 2003. In the first instance, defendant asked to borrow his neighbor’s sister’s car and, when the neighbor refused, defendant struck him in the jaw, took the keys, and drove away. In the second instance, defendant (along with another man) struck the neighbor with a gun, handcuffed him, and took his debit card, his car, and other items. A jury convicted defendant in 2005 of carjacking for each of the two incidents (§ 215, subd. (a)) (counts two and four) and one count of first degree residential robbery in connection with the

1 Undesignated statutory references that follow are to the Penal Code. 2 Our summary of the offense conduct is based on the opinion in defendant’s direct appeal. (People v. Vasquez (Nov. 22, 2006, B185153) [nonpub. opn.].)

2 second incident (§ 211) (count three).3 With respect to the charges arising from the second incident (counts three and four), the jury found true allegations that defendant inflicted great bodily injury upon the victim (§ 12022.7, subd. (a)) and personally used a firearm (§ 12022.53, subd. (b)). The trial court…