People v. Recarte CA2/4

INTRODUCTION

A jury convicted appellants Miguel Vasquez and Xavier Recarte of two counts of murder—Vasquez of first degree, Recarte of second degree (Pen. Code, §187, subd. (a))—and found the crimes were committed to benefit a criminal street gang (§ 186.22, subd. (b)(1)(c)).1 As to Vasquez, as to counts 1 and 2 the jury found true three special circumstance allegations under section 190.2, subdivision (a)(3), (21), and (22) (multiple murders, murder by discharging a firearm from a motor vehicle, and gang murder), and the allegation that he discharged a firearm causing death (§ 12022.53, subds. (d) & (e)(1)). As to Recarte, regarding counts 1 and 2, the jury found not true the special circumstance allegations and discharge of a firearm allegations. As to a third count of shooting at an unoccupied building (§ 247, subd. (b)), the jury found Vasquez guilty of the lesser included offense of grossly negligent discharge of a firearm (§ 246.3) with a gang allegation (§ 186.22, subd. (b)(1)(c)); the jury found Recarte not guilty of any crime as to count 3. The trial court sentenced Vasquez on each first degree murder count to consecutive terms of life in prison without the possibility…