People v. Garcia-Vega CA4/2

I. INTRODUCTION

Defendants and appellants Ernesto Garcia-Vega and Maria Manuelita Ayon were

tried before the same jury and convicted of the first degree murder of Ayon’s husband,

Pedro Vazquez, and conspiracy to murder Vazquez. (Pen. Code, §§ 187, subd. (a), 182,

subd. (a)(1).)1 Ayon claimed she shot and killed Vazquez in self-defense; that Vega was

unaware of the problems she was having with Vazquez; and she and Vega did not

conspire to murder Vazquez. Vega was prosecuted as an aider and abettor to the murder.

Against each defendant, the jury found true a special circumstance allegation that

the murder was committed by lying in wait. (§ 190.2, subd. (a)(15).) The jury also found

Ayon personally discharged a firearm in the murder (§ 12022.53, subd. (d)) and Vega

participated in the murder knowing a principal was armed (§ 12022, subd. (a)(1)). Each

defendant was sentenced to life in prison without the possibility of parole for the murder.

Defendants appeal, and join each other’s claims. They claim (1) a prosecution

rebuttal witness, Sergeant Brian Reno, was unqualified to render an expert opinion on the

location of the gun when it was fired; (2) insufficient evidence…