Garcia
People v. Garcia
Opinion
Opinion
Yegan, J.
Anthony Cryder Garcia, a defendant subject to the “Three Strikes” law, was convicted by a jury of, inter alia, the first degree murder of Darryl Jurczeski. (Pen. Code, §§ 187, 189.) He was sentenced to state prison for a term of 59 years to life. He appeals contending the trial court abused its discretion when it ordered him to wear a belt capable of delivering a powerful electric shock if he became violent, attempted to escape or otherwise misbehaved during trial. He further contends the testimony of a “prosecution witness” ought to have been excluded because it resulted from a coercive plea agreement. We affirm.
Facts
Guy Morillo drove Billy Reese, appellant and Darryl Jurczeski from Paso Robles to a turnout on Highway 46 near Cambria. He stopped the car there, so the four men could relieve themselves. Morillo and Reese testified that when Jurczeski walked up a small embankment toward the car, appellant shot Jurczeski with a pistol. Jurczeski said, “why me?” and started to fall down the embankment. Appellant followed, shooting Jurczeski twice more. When appellant returned to the car, Morillo took the gun from him and emptied it. Reese picked up some spent shells. The…