People v. Villareal CA2/1

FACTS AND PROCEEDINGS BELOW

We repeat the facts of the case as we described them in the first opinion in this case, People v. Villareal (Feb. 7, 2020, B291257) [nonpub. opn.] (Villareal). “At around 3:30 a.m. on January 25, 2016, a man named Johnny Aguilar saw two men standing next to his brother’s car. It was dark outside, and one of the men stood by the driver’s side with a skeleton mask partially obscuring his face. The man in the mask tried to open the driver’s side door of the car. Aguilar said it was his brother’s car and asked the men what they were doing. The man on the driver’s side pulled out a gun, and Aguilar said, ‘[I]f you’re going to shoot, you better shoot.’ The man then shot him two or three times. The shots hit Aguilar in one of his testicles and his leg. He went to the hospital, where doctors removed the injured testicle. “Aguilar told police that he recognized the man who shot him as someone named Pelon. He later identified the man in a photo lineup as Tommy Reyes. Aguilar knew the other man, who was standing by the passenger side of the car, as Little Tweety. Aguilar later identified a photo of Villareal from a lineup as Little Tweety. Aguilar told police…