Vasquez
People v. Vasquez
Opinion
Opinion
Cobey, J.
David Manuel Vasquez appeals from a judgment of conviction, entered upon jury verdicts of guilty, on count I, assault with intent to murder (Pen. Code, § 217) and count II, mayhem (Pen. Code, § 203). The appeal lies. (Pen. Code, § 1237, subd. 1.)
Appellant contends that it was reversible error for the trial court to refuse (1) his requested instruction on the criminal intent necessary to malee one what he calls an accomplice (see CALJIC No. 3.14) and what we term an aider and abettor (cf. Pen. Code, § § 31, 1111); (2) his requested instructions (CALJIC No. 3.35, CALJIC No. 4.21) on diminished capacity by reason of intoxication.
Facts
On August 1, 1971, at about 1:50 a.m., one Joe Gaspar was sitting in his car when a blue automobile with writing on a window driven by appellant and carrying two passengers pulled over a car length and a half in front of him. One of the passengers, known as “Shotgun,” with whom Gaspar had disputed two weeks earlier, exited the vehicle from the right front seat, walked to its rear and fired a shotgun at Gaspar through the windshield hitting his eyes and forehead and blinding him in both eyes.