Garcia
People v. Garcia
Opinion
Lead Opinion
Moore, J.
—A jury found defendant Leonel Garcia guilty of four counts of attempted murder and three other felonies, and found true gang and personal discharge of a firearm enhancements. 1 He appeals contending the court erred in instructing the jury on attempted murder, the evidence was insufficient to support two of the four counts of attempted murder, he was denied a unanimous verdict on six of the seven guilty verdicts, and the court erred in calculating his presentence credits. The Attorney General agrees defendant is entitled to additional presentence credits.
We reverse the convictions on counts one, two, three, four, six, and seven and the true findings on the enhancements attached to those counts because defendant was denied a unanimous verdict by 12 jurors. We affirm defendant’s conviction and the gang enhancement on count five: 12 jurors announced their verdict on that count. We do not address defendant’s contention that the trial court erred in instructing the jury on the attempted murder charges because the reversal of the attempted murder convictions *546 (counts one through four) renders the issue moot. We do not address defendant’s credit calculation argument for…