People v. Vasquez CA2/8

Filed 8/3/23 P. v. Vasquez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B323323

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA074614) v.

ANGELO JACOB VASQUEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Rob B. Villeza, Judge. Reversed and remanded with directions. Spolin Law, Aaron Spolin and Jeremy M. Cutcher for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, David E. Madeo and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

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In 2007, a jury found defendant and appellant Angelo Jacob Vasquez guilty of two counts of murder, one count of attempted murder and found true personal firearm use allegations. The charges arose from an incident in April 2006 when defendant was 16 years old. Defendant, along with two codefendants who are not parties to this appeal (Christopher Murray and Salvador Jay Villanueva, Jr.) confronted Christopher Trevizo, Demetries Flores and Damon Flores. (People v. Vasquez (May 6, 2010, B205698) [nonpub. opn.].) During the altercation, Murray shot and killed Trevizo and Demetries and shot at but missed Damon. (Ibid.) Defendants pointed guns at each of the Flores brothers but did not fire their weapons. (Ibid.) Codefendant Murray pled no contest to the charges. Defendant and codefendant Villanueva proceeded to a joint jury trial where they were both found guilty. Defendant was found guilty of two counts of second degree murder and one count of attempted murder. The jury found true the allegation that he personally used a firearm in the commission of all three offenses. Defendant was sentenced to state prison for an indeterminate term of 25 years to life. In 2010, this court affirmed defendant’s conviction in an unpublished decision. (People v. Vasquez, supra, B205698.) After the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.), defendant filed a petition requesting resentencing pursuant to Penal Code section 1172.6 (former § 1170.95) which was summarily denied by the trial court. Former section 1170.95 was renumbered and recodified as section 1172.6 with no change in the text. (Stats. 2022, ch. 58, § 10.) For clarity, we refer to former section 1170.95 only by its new designation (§ 1172.6). Defendant timely appealed the denial of his petition. We affirmed the denial as to the attempted murder count, concluding