Garcia

*1175 Opinion

In 2011 a jury convicted Jose Carmen Murillo Garcia of first degree murder with a firearm enhancement in the September 9, 1976 death of Roberto Lozano. The verdict was reached after Garcia’s third trial; two previous jury trials ended in mistrials. The trial court sentenced Garcia to life with the possibility of parole plus five years for the firearm enhancement. He appeals, contending that he was denied his rights to a speedy trial, due process, and to confront a key witness against him. Garcia also contends that the trial court improperly denied his motions to dismiss in the interests of justice after his first and second trials and made prejudicial evidentiary rulings and sentencing errors. We correct the sentencing errors and otherwise affirm.

FACTS AND PROCEDURAL HISTORY

The Murder and the Investigation

At approximately 4:00 p.m. on September 9, 1976, Baldwin Park police officers were called to the scene of a homicide on Baldwin Park Boulevard. They found victim Roberto Lozano (Roberto) 1 slumped over dead in the driver’s seat of a crashed white 1968 Ford. He had been shot with a .22-caliber firearm. The police found several .22-caliber shell casings in the…