Vasquez

People v. Vasquez

Good Law
2016 Cal. App. LEXIS 423·202 Cal. Rptr. 3d 743·247 Cal. App. 4th 909·2016 WL 3098042
Court of Appeal of CaliforniaMay 25, 2016No. C071195California6,776 words

Opinion

lead Opinion

Hull, J.

While repeatedly shouting “Nortes” or “Norteños,” defendants Salvador Benjamin Vasquez, Jr., Jose Antonio Duran, and Joseph Vincent Sisneros violently assaulted and robbed a stranger in a business parking lot and then threatened or attacked several employees who witnessed the beating and called police. They were tried jointly and were each convicted of multiple offenses with related enhancements, as noted, post.

With each defendant joining in material contentions of the others to the extent they are relevant, defendants raise numerous purported errors on appeal. They first argue (1) as to their Penal Code section 136.1 convictions (undesignated section references are to the Penal Code), the jury never found *912 that Sisneros and Duran used force or the threat of force or violence to dissuade a witness; (2) Sisneros’s and Duran’s respective counsel were ineffective for failing to object to the section 136.1 force or violence special finding; and that (3) insufficient evidence supports their section 136.1, subdivision (c)(1) convictions.

Defendants next claim the court erred (4) by denying their motion to dismiss the entire jury panel, and (5) in imposing multiple…

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