Garcia
People v. Garcia
Opinion
lead Opinion
Gomes, J.
FACTUAL AND PROCEDURAL BACKGROUND
Two eyewitnesses identified 17-year-old Victor Maciel Garcia as the person who fired several shotgun blasts during a gang altercation in an alley. A pellet from one of those blasts apparently hit a 12-year-old girl in the leg and caused slight bleeding. An information charged him with, inter alia, attempted willful, deliberate, and premeditated murder and assault with a firearm and included, inter aha, criminal street gang, personal firearm use, and personal and intentional firearm discharge allegations. (Pen. Code, §§ 664, 187, subd. (a), 245, subd. (a)(2), 186.22, subd. (b)(1), 12022.5, subd. (a)(1), 12022.53, subd. (c). 1 ) A.jury found him guilty of those crimes and found those allegations true.
Before sentencing, Garcia requested a transfer from criminal court to juvenile court on the ground that at the preliminary hearing the magistrate did not find reasonable cause to believe he was subject to the discretionary direct file provisions of Proposition 21. 2 (Welf. & Inst. Code, § 707, subd. (d)(4). 3 ) In opposition, the prosecutor argued that Garcia waived any jurisdictional irregularity by failing to object and, in the…