People v. Ortega CA5

FACTS

The prosecution’s main witness at trial was Luis Vazquez, an accomplice to the crime. In exchange for his truthful testimony, Vazquez was allowed to plead to the lesser charge of kidnapping and first degree burglary. He was to receive a total term of nine years four months. He was still awaiting sentencing at the time of trial. Vazquez testified that on October 23, 2007,3 he was living with his family on Sycamore Street in Delhi. At the time, he was 18 years old and his friend Luis Valencia, who was 24 years old, was also living at the home. The house was on the outskirts of town near some almond orchards. At approximately 8:00 or 9:00 p.m. on the day in question, Vazquez was sitting on his porch when he observed Valencia drive up in an unfamiliar gray (sometimes described as silver) Pontiac followed by Alvaro Reyes driving a red Lexus. Vazquez had

1All further references are to the Penal Code unless otherwise indicated. 2The amended abstract of judgment reflects a term of life with parole on count 2. We will order the abstract amended to reflect a term of life without the possibility of parole on both counts, with count 2 stayed pursuant to section 654. 3Further …