Garcia

People v. Garcia

Caution

233 Cal. Rptr. 3d 902·24 Cal. App. 5th 314

Court of Appeal of CaliforniaJune 5, 2018D073825California2,648 words

Opinion

lead Opinion

ORDER STRIKING WENDE/ANDERS BRIEF FILED BY COUNSEL FOR APPELLANT

THE COURT: *

*316 A jury convicted Jose Epifanio Garcia 1 of attempted voluntary manslaughter and assault with a semiautomatic firearm ( Pen. Code, §§ 664, 192, subd. (a), 245, subd. (b) ), 2 and Jose filed an appeal. For reasons we discuss, the Wende / Anders 3 brief filed by Jose's appointed appellate counsel is stricken. Counsel is ordered to file a new brief in conformity with Wende, supra , 25 Cal.3d 436 , 158 Cal.Rptr. 839 , 600 P.2d 1071 , or file a merits brief.

FACTUAL AND PROCEDURAL BACKGROUND

Jose is Salvador's older brother. Salvador insulted the sister of victim Gerardo M., causing animosity between Salvador and Gerardo. A few months later, when Salvador and Gerardo next saw each other, the unresolved animosity between them led to a physical fight between two groups of men in the parking lot of Gerardo's apartment complex. One group included Jose, Salvador, and two of their friends. The other group included Gerardo, his cousin, and friend, Erik R. Armed with guns, Jose and Salvador approached Gerardo's unarmed group. Erik, who was a former gang member, suggested that Jose's group put their guns away…

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Parties

The PEOPLE, and
Plaintiff
Jose Epifanio GARCIA, and
Defendant

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