People v. Garcia CA2/4

INTRODUCTION

Defendant Peter Ignacio Garcia appeals from the judgment entered following his conviction by jury of voluntary manslaughter, evading an officer, and possession of a firearm by a felon. Defendant contends that there was insufficient evidence at trial to support his voluntary manslaughter conviction, and that the trial court erred in refusing to either grant his motion for new trial or dismiss the charges in the interest of justice. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

I. Procedural Background

In an amended information filed on October 1, 2012, defendant was charged with the murder of Christina Salazar (Pen. Code, § 187, subd. (a) (count 1)),1 evading an officer with willful disregard (Veh. Code, § 2800.2, subd. (a) (count 2)), and possession of a firearm by a felon (§ 12021, subd. (a)(1) (count 3)). The information contained special allegations that in count 1 defendant personally and intentionally discharged a firearm, causing great bodily injury and death (§ 12022.53, subds. (b), (c), and (d)), and that defendant was armed with a firearm in connection with count 2 (§ 12022, subd. (a)(1)). The information further alleged that defendant suffered convictions of…