People v. Garcia CA6

I. FACTS AND PROCEDURAL BACKGROUND3

A. Information “In September 2014, the Santa Clara County District Attorney filed an information charging Garcia and Austin with six counts related to the November 2012 home invasion 2 On our own motion, we take judicial notice of our records in Garcia’s direct appeal (No. H043870), including our prior opinion. 3 We derive our recitation of the procedural history of Garcia’s 2016 trial from our prior opinion, but our factual recitation is based on the trial transcripts admitted at Garcia’s section 1172.6 evidentiary hearing. (See People v. Clements (2022) 75 Cal.App.5th 276, 292 (Clements).) At trial, a single jury heard evidence regarding Garcia and his codefendant DeAngelo Joseph Austin. (Garcia, supra, 46 Cal.App.5th at p. 130.) 2 robbery of Raveesh K. and Harinder K. and the murder of Raveesh.” (Garcia, supra, 46 Cal.App.5th at p. 130.) “Specifically, count 1 alleged that, on or about November 30, 2012, Garcia and Austin killed Raveesh with malice aforethought ([] § 187) while engaged in the commission of a robbery (§ 190.2, subd. (a)(17)). Count 2 alleged robbery of an inhabited place while acting in concert (§§ 211, 213, subd. (a)(1)(A)).…