People v. Garcia CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Trial Proceedings 1. Charges In February 2009, the Santa Clara County District Attorney filed a first amended information (information) charging Garcia and his codefendants Chaidez and Estrada with the March 14, 20083 murder of Mark Achilli (§ 187). As to Garcia, the information alleged that if Garcia was “not the actual killer” of Achilli, “with the intent to kill, [Garcia] did aid, abet, counsel, command, induce, solicit, request and assist[] the principal actor in the commission of murder in the first degree, within the meaning of Penal Code section 190.2[, subdivision] (c)” (section 190.2(c)). As to Estrada, the information alleged that Estrada: (1) in the commission of the offense, personally and intentionally discharged a firearm and proximately caused

jury instructions from trial. The district attorney requested judicial notice of these documents. Garcia has not pointed this court to any opposition he raised to the district attorney’s request in the trial court. Moreover, Garcia himself requested that the trial court take judicial notice of the underlying trial record and the court’s file. We have not located and Garcia has not…