Defendant admits that he murdered someone. However, he denies that he committed the murder to specifically benefit the gang. Court says defendant benefitted the gang because violent crimes elevate the status of the gang within gang culture, and intimidate neighborhood residents who might otherwise report crimes or testify.
People v. Vazquez 10/13/2009 Case No. B213000 __ Cal.App.4th___
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE,
Plaintiff and Respondent, 2d Crim. No. B213000
(Super. Ct. No. 7A066266)
(Los Angeles County)
v.
GILBERT VAZQUEZ, Defendant and Appellant.
Gilbert Vazquez appeals his conviction, by jury, of first degree murder in the shooting death of Juan Lopez. (Pen. Code, § § 187, 189.)1 The jury also found true special allegations that appellant intentionally and personally used a handgun
(§§ 12022.53, subd. (b)-(d)), and that he committed the murder for the benefit of, at the direction of, and in association with a criminal street gang. (§ 186.22, subdivision (b)(1)(C).) Appellant was sentenced to a total term in state prison of 50 years to life. He contends the gang enhancement should be reversed because there is no substantial evidence that he committed the murder with “the specific intent to promote, further, or assist in any criminal conduct by gang members . . . .” (§ 186.22, subd. (b).) He further contends the trial court erred when it conditioned the amount of a restitution fine on appellant’s payment of direct victim restitution. We modify the restitution fine and, in all other respects, affirm the judgment. (more…)