People v. Vasquez CA3

FACTS AND PROCEEDINGS

The Robbery

On October 10, 2011, Crethers was accosted by Pereira while leaving a convenience store in Sacramento. As Crethers walked out of the store, Pereira, who was

2 standing just outside the door, tried to hit him. Crethers put up his hands in a defensive position and Pereira continued to rush towards him while swinging his fists. Crethers punched Pereira in the face, knocking him to the ground. Pereira stood and dragged Crethers towards a parked car where both men fell to the ground. During the struggle, defendant was seated in the front passenger seat of a nearby two-door car, and Chiprez was seated in the driver’s seat. Crethers was eventually able to climb on top of Pereira. Pereira yelled for someone to get Crethers off of him. Chiprez got out of the car, hit Crethers in the head, and pulled him off Pereira. Chiprez stood by the car and watched while Pereira began kicking Crethers. Pereira eventually pulled off Crethers’s sweatshirt, which held his keys, cell phone, iPod, and wallet. Pereira yelled at defendant, “Bitch, you got a clear shot, shoot him.” Pereira stopped beating Crethers only after the store clerk threatened to call police.…