People v. Vega-Sanchez CA4/2

FACTS AND PROCEDURE

On October 18, 2012, the People filed an information charging defendant with

attempted first degree murder (§§ 664/187, subd. (a)), assault with a deadly weapon

(§ 245, subd. (a)(1)), and felony hit and run with injury (Veh. Code, § 20001, subd. (a)).

The People also alleged that defendant personally inflicted great bodily injury (§ 12022.7,

subd. (a)) regarding the attempted murder and assault charges, and that serious permanent

injury to the victim resulted (Veh. Code, § 20001, subd. (b)(2)) regarding the hit and run

charge.

At trial, the owner or manager of the bar testified that she was at the cash register

in the early morning hours of July 16, 2012, when she saw about six strangers, including

defendant, arguing amongst each other. The argument continued outside the bar and

All section references are to the Penal Code unless otherwise indicated.

2 escalated to a physical fight, with about 15 people participating. There was screaming,

and people were throwing punches and kicking, but she did not observe any weapons.

The fight was getting out of hand, beyond the control of the bar’s security guards. The

owner called the police about three…