People v. Vasquez

WOOD, P. J. Defendant Alfred Vasquez was accused in counts 1, 2 and 3 of an information with the crime of rape allegedly committed, on December 19, 1959, with force and violence upon Linda, a 15-year-old girl. Also in those counts boys by the names of Montoya, Ramos, and Marquez were accused of the same offense. In counts 4, 5, and 6 of that information the defendant Vasquez was accused of rape allegedly committed, on December 19, 1959, with force and violence upon Sharon, a 14-year-old girl. Also in counts 4, 5, and 6 the other boys above referred to and another boy by the name of Herrera were accused of the same offense. In counts 7 and 8 of that information defendant Vasquez and the other boys, except Herrera, were accused of violating section 288a of the Penal Code.

In a jury trial of the charges against Vasquez and Herrera, Vasquez was found guilty on four counts of statutory rape, a lesser offense included within the crime of forcible rape charged in counts 1, 4, 5, and 6. Vasquez was found not guilty as charged in counts 2, 3, 7, and 8. Herrera was found not guilty of the three counts charged against him. (Each of the other defendants pleaded guilty to two counts of statutory rape.)

Vasquez appeals from the judgment and sentence. He contends that the evidence was insufficient to support the verdicts.

In the evening of December 18, 1959, Linda and Sharon were in a restaurant in Los Angeles until 9 p. m. when they and two boys proceeded to the home of appellant Vasquez where a social gathering or party was being held in the garage. Eight boys and seven girls were present. Appellant mixed and poured drinks. Linda and Sharon drank and danced at the party. About 12 o’clock appellant, Linda, Sharon and others went to Herrera’s home where the drinking and dancing continued. Linda and Sharon requested appellant to take them to their homes. About 3 a. m. Linda, Sharon and another girl, and appellant Vasquez and five other boys (including the other defendants) entered an automobile. The automobile was driven into a field at the Lopez Ranch where the automobile stopped and all the boys got out of the automobile. Linda testified that, after she was out of the automobile, Montez (one of the boys) hit her in the face, pushed her to the ground, and took off her clothes; that appellant and three of the other boys then had sexual intercourse with her; while the acts of intercourse were occurring some of the other boys held her legs. Sharon testified that Montez hit her about four [283]times and pushed her to the ground; someone tore her underclothes off and then put her on a ear seat which had been removed from the car; appellant then had sexual intercourse with her, and during that time two other boys held her feet; then seven other boys had sexual intercourse with her; while Herrera and some of the other boys were having intercourse with her, two of the other boys held her legs; after those acts she screamed and yelled at everyone, and appellant tried to quiet her.