People v. Vigil CA3

BACKGROUND

In August 2011, Gonzales took his car to defendant’s autobody shop to be repaired.3 The repairs took longer than expected, and a dispute arose over defendant’s work on the car and payment for the repairs. In October 2011, Gonzales went to defendant’s shop to pay him and retrieve his car. While there, defendant shot Gonzales multiple times with a shotgun, killing him. Defendant testified he shot Gonzales in self- defense after Gonzales came after him.

1 Undesignated statutory references are to the Penal Code. 2 Defendant originally filed his petition under former section 1170.95. The Legislature amended section 1170.95 effective January 1, 2022, under Senate Bill No. 775 (2021- 2022 Reg. Sess.) (Stats. 2021, ch. 551, § 2). Further, Effective June 30, 2022, the Legislature renumbered section 1170.95 to section 1172.6, without substantive change. (Stats. 2022, ch. 58, § 10). For clarity, we refer to section 1172.6 throughout this opinion. 3 We draw the brief factual summary from this court’s prior opinion in defendant’s direct appeal in Vigil, supra, C074923. We rely on that opinion solely to summarize the background of this case; our consideration of whether defendant…