People v. Garcia CA5

INTRODUCTION

The magistrate held defendant Francisco Alejandro Garcia to answer for conspiracy to commit murder and another charge but found insufficient evidence to hold him to answer for murder and other charges at his preliminary hearing. An information was filed later, containing both charges. The trial court granted defendant’s motion to dismiss the information. The People appeal. We conclude that sufficient evidence was presented at the preliminary hearing to hold defendant to answer. We shall reverse the order and direct the trial court to deny defendant’s motion.

PROCEDURAL BACKGROUND

The District Attorney of Kern County filed a complaint on September 4, 2024, charging defendant with murder (Penal Code, § 187, subd. (a)),1 conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a)), assault with a semiautomatic firearm (§ 245, subd. (b)), two counts of carrying a loaded firearm while an active participant in a criminal street gang (§ 25850, subd. (c)(3)), and participation in a criminal street gang (§ 186.22, subd. (a)). The complaint also alleged the murder was premeditated and deliberate (§ 189), committed by means of lying in wait (§ 190.2, subd. (a)(15)) and…