People v. Vasquez CA4/3

FACTS

We draw the facts primarily from the preliminary hearing transcript. On October 16, 2011, defendant and codefendant Anthony Martinez approached the victim, Jorge E., who was standing outside of his car. Martinez brandished a steak knife, made stabbing motions towards the victim, and demanded his car keys. After Jorge E. handed Martinez the car keys, Martinez demanded the victim’s wallet and Jorge E. complied. During this encounter, defendant stood nearby, holding a baseball bat. After receiving Jorge E.’s wallet, defendant and Martinez drove away in Jorge E.’s car. Jorge E. reported the incident. A Santa Ana police officer saw Jorge E.’s SUV, driven by defendant, with Martinez in the passenger seat. After a brief pursuit, partly on foot, defendant and Martinez were arrested.

All subsequent statutory references are to the Penal Code.

2 On December 12, 2011, the Orange County District Attorney filed an information charging defendant in count one with carjacking (§ 215, subd. (a)); in count three2 with resisting a police officer (§ 148, subd. (a)(1)); and in count four with second degree robbery (§§ 211, 212.5, subd. (c)). The trial court later granted the…