Garcia
People v. Garcia
Opinion
Opinion
Certified for Partial Publication. [*]
MIRIAM A. VOGEL, J.
In a drive-by shooting, Fernando "Chato" Galeana (a member of the Burbank Trece street gang) was shot and killed. Two weeks after the murder, Salvador "Vampy" Morales (a member of the Vineland Boys, an "offspring" of the Sun Valley Diablos street gang) bragged to Sergio Arriola (Vineland gang) that he was the shooter and that appellant Arturo "Little Stranger" Garcia (Vineland gang) was the driver. Arriola related this information to the police (but changed his story after he was beaten up). Garcia told essentially the same story to Martin "Little Cuzzy" Arias (Vineland gang), and Arias also talked to the police. At the time of his arrest, Garcia admitted his role in the murder and he later gave a full confession to the police. Garcia and Morales were charged with Galeana's murder, with firearm and street gang allegations, including an enhancement allegation under Penal Code section 12022.53. [1] Following a non-jury trial, Garcia was convicted of second degree murder and the allegations were all found truebut Morales was acquitted. Garcia was sentenced to state prison for a term of 40 years to life.