People v. Garcia CA2/6

FACTS

On October 29, 2012, at approximately 5:40 p.m., Diego Ramirez was crossing the street in his wheelchair. A white Cadillac abruptly stopped in the middle of the road, blocking Ramirez's path. Garcia got out of the car and asked Ramirez what he had on him. Ramirez replied, "Nothing." Garcia attempted to grab Ramirez's cellphone and Bluetooth earpiece from him. A struggle ensued. Ramirez pushed Garcia away with his hands. Garcia hit Ramirez in the head with a blunt object. Ramirez began to bleed from the wound. Garcia got back in his car and left. It took four staples to close Ramirez's head wound. Ramirez had known Garcia for over five years and identified him as his assailant. He told the police his assailant was Larry Garcia, known as "Sneaks," from the Jardin 13 gang. Gang Evidence Los Angeles County Deputy Sheriff Steven Lopez testified as a gang expert. Lopez testified that Garcia is an admitted member of the Jardin 13 gang. The primary activities of the gang include assault, assault with a deadly weapon, possession of narcotics for personal use and sale, vandalism, murder, burglaries and other thefts. Garcia committed the crimes against Ramirez in Jardin…