People v. Perez CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts3

A. The underlying crime Defendant was asleep when he got a call from Gilbert Eugene Rosales (Rosales) around 1:30 a.m. on the morning of October 12, 1990. Rosales had gotten into an altercation with several individuals, and wanted defendant to bring a gun “because there was trouble.” Defendant obliged. He swung by to pick up

All further statutory references are to the Penal Code unless otherwise indicated.

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). We therefore refer to the law formerly codified at section 1170.95 as section 1172.6.

We have drawn these facts from our prior, unpublished opinion affirming defendant’s conviction on appeal (People v. Rosales and Perez (Jan. 27, 1993, B062327) [nonpub. opn.]), but have independently confirmed them by examining the underlying trial record, of which we took judicial notice.

2 Rosales and a third person, and drove them all to the location of the earlier altercation. As they were arriving at that location, they came upon two men standing in the street near a vehicle, and Rosales…