People v. Garcia CA6

I. FACTS AND PROCEDURAL BACKGROUND2

A. Procedural History 1. 2004 Trial In October 2003,3 the Monterey County District Attorney filed an information charging Garcia and codefendant Glenn Barry Spillman with the May 21 first degree murder of Javier Soto (§§ 187, subd. (a), 189; count 1). The information alleged that the murder was perpetrated by means of discharging a firearm from a motor vehicle (§ 189). As to Garcia, the information alleged that the offense was perpetrated by means of shooting a firearm from a motor vehicle with the intent to inflict great bodily injury (§ 190, subd. (d)) (section 190(d) allegation) and that a principal was armed with a handgun during the commission of the offense (§ 12022, subd. (a)(1)).4 In December 2004, following a joint jury trial with codefendant Spillman, the jury convicted Garcia of first degree murder and found true the attached firearm enhancement. The jury failed to reach a verdict for Spillman, and the trial court declared a mistrial as to him. The trial court sentenced Garcia to 25 years to life in prison, plus one year for the firearm enhancement.

2 This court’s prior unpublished opinions in Garcia I and Garcia II are

included in…