People v. Vasquez CA4/1
D085867
Cal. Ct. App.Jul 10, 2025Background
- Samuel Vasquez was convicted by a jury of multiple offenses, including two counts of first degree murder, five counts of attempted murder, four counts of assault with a firearm, and one count of shooting at an inhabited dwelling.
- The jury found true several gang and firearm enhancements as to various counts, including for the benefit of a criminal street gang and vicarious firearm use.
- Vasquez was sentenced to life without parole for the murders, along with additional determinate and indeterminate terms, including a life sentence for one count of attempted murder (count 12).
- On appeal, Vasquez challenged the legality of the life sentence on count 12, the imposition of certain gang enhancements, and clerical errors in the judgment and verdict forms.
- The People (State) conceded error on most, but not all, appellate challenges raised by Vasquez.
- The Court of Appeal reviewed the issues de novo where sentencing was alleged to be unauthorized, and exercised its discretion to remedy clerical mistakes in the record.
Issues
| Issue | Vasquez's Argument | People's Argument | Held |
|---|---|---|---|
| Life sentence on attempted murder (count 12) | Sentence unauthorized; no jury finding of premeditation | Concedes error; agrees life sentence was unauthorized | Reversed and remanded for resentencing on this count |
| 10-year gang enhancement on murder counts 1 and 2 | Should be stricken: inapplicable or unauthorized alongside firearm enhancement | Concedes enhancement unauthorized under firearm enhancement | Gang enhancement stricken; firearm enhancement remains |
| Clerical errors in abstract of judgment | Year and description errors must be corrected | Concedes errors | Remanded to correct abstract of judgment |
| Verdict form error (great bodily injury finding) on counts 3 and 12 | Language should be stricken as unsupported by record | Argues forfeiture, error insignificant | Strikes erroneous language in verdict forms as clerical error |
Key Cases Cited
- People v. Scott, 9 Cal.4th 331 (Cal. 1994) (standard for determining when a sentence is unauthorized)
- People v. Camp, 233 Cal.App.4th 461 (Cal. Ct. App. 2015) (unauthorized sentences reviewed de novo)
- People v. Brookfield, 47 Cal.4th 583 (Cal. 2009) (cannot impose gang and vicarious firearm enhancements absent personal firearm use)
- In re Candelario, 3 Cal.3d 702 (Cal. 1970) (inherent power to correct clerical errors in judgments)
- People v. Trotter, 7 Cal.App.4th 363 (Cal. Ct. App. 1992) (court may correct jury’s recordation of its verdict)