People v. Garcia CA2/5

I. INTRODUCTION

A jury convicted defendant, Matthew David Garcia, of first degree murder (Pen. Code,1 § 187, subd. (a)) and willful, deliberate, premeditated attempted murder (§§ 664, 187, subd. (a)). The jury further found true firearm use and gang enhancement allegations. (§§ 186.22, subd. (b)(1)(C), 12022.53, subds. (b), (c), (d).) Defendant was sentenced to 50 years to life in state prison. We affirm the judgment. We direct the clerk of the superior court to amend the abstract of judgment.

II. THE EVIDENCE

Viewed in the light most favorable to the judgment (People v. Banks (2014) 59 Cal.4th 1113, 1156; People v. Manibusan (2013) 58 Cal.4th 40, 87), the evidence was as follows. On December 17, 2011, defendant—a gang member—shot and killed Carlos Lajovich. Defendant also shot and severely injured Sergio Moreno. Although the shooting occurred in rival gang territory, neither victim was a gang member. Witnesses saw the person who fired the shots run from the scene of the assault to a waiting white sport utility vehicle. Defendant’s cousin, fellow gang member and co-defendant, Thomas Castaneda, was the driver. Law enforcement officers subsequently searched the residence where…