People v. Velazquez CA3

BACKGROUND

We disagree with defendant’s and the Attorney General’s suggestion that the facts are of no moment here. A brief must “[p]rovide a summary of the significant facts limited to matters in the record.” (Cal. Rules of Court, rule 8.204(a)(2)(C).) Whether defendant has demonstrated a prima facie case and whether the record of conviction refutes that showing as a matter of law requires a familiarity with the underlying facts that support defendant’s conviction. We take the facts from our prior opinion in People v. Velazquez (May 24, 1990, C005941) [nonpub. opn.] (Velazquez). Defendant and codefendant John Flores killed the victim. On the day of the murder defendant and Flores drove by the home of Shirley R. Apparently there had been a prior disagreement over the men parking in the driveway of that house. The victim and several other people were at the home. The victim asked his brother to whistle for the two men to return. When they returned the victim walked over to the car and spoke to them. Flores shot the victim in the face and then he and defendant drove away. (Velazquez, supra, C005941.) The prosecution filed an information charging defendant and Flores with murder. (§…