A state appeals court panel Thursday upheld a San Gabriel man’s first-degree murder conviction for murder for shooting an employee at a fast-food restaurant during a botched robbery in 2016.

In a 25-page ruling in Louie Francisco Herrera’s case, the three-justice panel from California’s 2nd District Court of Appeal found that the evidence “constituted compelling proof of defendant’s identity as the shooter” of Juan Vidal.

Herrera was convicted in June 2023 of murdering the 25-year-old El Monte man, who was working at a Jack in the Box in El Monte on the night of Oct. 21, 2016. Authorities said the robber fled empty-handed after demanding money and shooting Vidal, who died at a hospital from a gunshot wound to the chest.

The murder charge included the special-circumstance allegation that the killing was committed during an attempted robbery, along with an allegation that Herrera personally used a handgun.

Jurors also found him guilty of four robberies and two attempted robberies.

Herrera, now 28, is serving life in prison without the possibility of parole.

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