Garcia

Introduction

Ramon Garcia appeals from his conviction of second degree murder (Pen. Code, §§ 187, 189), assault with a firearm (§ 245, subd. (a)(2)), and weapon use enhancements for both counts (§ 12022.5). Appellant asserts several contentions regarding the need for a jury finding pursuant to section 190, former subdivision (c) (hereafter section 190(c)), which imposes a sentence of 20 years to life for a second degree “drive-by” murder. We determine that section 190(c) is not a substantive crime and that the failure to obtain a jury finding on the element of intent to inflict great bodily injury was harmless.

Appellant also argues that the adult criminal court had no jurisdiction over him because the juvenile court had no power to accept his waiver of a fitness hearing pursuant to Welfare and Institutions Code section 707. In addition, he argues that the trial court failed to realize it had discretion to strike the firearm use enhancement. We determine that appellant may not raise his argument regarding the fitness proceeding in this appeal. Appellant’s other contentions have no merit, and we affirm the judgment.

I

Background

On the evening of February 7, 1995, a…