People v. Garcia CA2/1

BACKGROUND

After shooting Jaime Solis, Garcia was charged with willful, deliberate and premeditated attempted murder and assault with a firearm. The information also alleged firearm and great bodily injury enhancements. At trial Garcia admitted he shot Solis, but his counsel argued he did not commit attempted murder. Defense counsel urged the jury to find Garcia guilty of the lesser offense of attempted voluntary manslaughter under a theory of imperfect self-defense. Defense counsel also argued heat of passion as an alternative theory supporting attempted voluntary manslaughter. Prosecution Evidence Defendant Garcia and victim Jaime Solis lived in the same apartment complex in Panorama City. Garcia lived in a lower level unit with his girlfriend, Martha Pineda. Solis lived directly above them in an upper level unit. Jose Arturo Vasquez, who witnessed Garcia shoot Solis on January 27, 2012, lived in a lower level unit near 2 Garcia’s apartment.

1 Further statutory references are to the Penal Code. 2 Solis, Pineda and Vasquez testified for the prosecution. At the time of trial, Pineda still considered Garcia to be her boyfriend and Vasquez considered both Solis and Garcia to be…