People v. Garcia CA4/2

FACTS

On September 28, 2021, Garcia accused his victim—another boyfriend of his

girlfriend—of stealing his fentanyl, and they got into a fistfight. The next day, Garcia

1 Undesignated statutory references are to the Penal Code.

2 remained angry and convinced someone had stolen his drugs. He first brandished a

shotgun at a third man and then shot at the victim, hitting him in the leg.

In 2023, Garcia was tried and convicted of assault with a firearm (§ 245, subd.

(a)(2), count 1), being a felon in possession of a firearm (§ 29800, subd. (a)(1), count 2),

and being a felon in possession of ammunition (§ 30305, subd. (a), count 3). The jury

also found true as to count 1 that Garcia personally inflicted bodily injury (§ 12022.7,

subd. (a)) and personally used a firearm (§ 12022.5, subd. (a)) and as to count 2 that he

was personally armed with a firearm (§ 12022, subd. (a)(1)). The trial court found that

Garcia had two prior convictions that were serious felonies (§ 667, subd. (a)) and strikes

(§§ 667, subds. (b)-(i), 1170.12).

The court sentenced Garcia to 25 years to life in prison. The sentence includes a

term of 25 years to life on count 1, and stayed terms of 25…