Partner

By jury trial appellant was convicted of first degree murder, robbery, and of the special circumstance that the murder was committed during the commission of robbery. In addition, the jury found true the allegations of use of a firearm and infliction of great bodily injury. In accordance with the jury verdict on the penalty phase of trial, appellant was sentenced to imprisonment for life without possibility of parole.

On June 18, 1983, the victim, Rafael Vasquez, was walking through the Jordan Downs Housing Project in South Central Los Angeles when he was robbed and killed by appellant.

Several witnesses observed all or part of the killing. Stated in the light most favorable to the judgment the evidence indicates that as the victim was walking between buildings, appellant, carrying a gun in his waistband, came around a corner and confronted him. Mancylen Brown saw appellant draw his gun and heard appellant say, “Your money or your life.” The victim tried to turn around and walk away, but appellant grabbed him around the waistband and held the gun to the victim’s neck. The victim said something, then appellant shot him in the neck. The gun was in contact with the neck…