People v. Garcia CA2/1

BACKGROUND

On September 15, 1999, the People charged Garcia and Salvador Morales with one count of murder, alleging that Garcia and Morales killed Juan Fernando Galeana with malice aforethought. The People also alleged that a principal was armed with a firearm within the meaning of section 12022, subdivision (a)(1) and a principal personally discharged a firearm causing great bodily injury and death within the meaning of section 12022.53, subdivision (d). The People further alleged a gang enhancement.

1. Descriptions of Garcia’s crime in appellate and habeas opinions In review of our opinion in defendant’s direct appeal of his conviction, our Supreme Court described the facts of this case as follows: “In a drive-by shooting, Juan Fernando Galeana, a member of the Burbank Trece street gang, was shot and killed. Salvador Morales, a member of the Vineland Boys (related to the Sun Valley Diablos street gang), later bragged to his friend and

Undesignated statutory citations are to the Penal Code.

2 fellow gang member, Sergio Arriola, that he was the shooter and that defendant Arturo Garcia, also part of the Vineland Boys, was the driver. Arriola told the police what Morales…