People v. Garcia CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

A. The underlying crime In November 2012, defendant and two other members of the Bellflower Devils clique of the 18th Street gang, Israel Itehua (Itehua) and Jeremy Harris (Harris), chased a putative rival gang member into an apartment complex. There, Itehua shot and paralyzed one woman and then, as the men fled, Itehua fired four shots into a homeless man who had earlier refused to affirm his gang affiliation to them. B. Prosecution, conviction and appeal The People charged defendant with (1) the attempted murder of the woman Itehua shot (§§ 187, subd. (a) & 664), and (2) the attempted murder of the homeless man (§§ 187, subd. (a) & 664).3 The People further alleged that the attempted murders were committed for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22); that both attempted murders were committed willfully, deliberately, and with premeditation (§ 664, subd. (a)); that a principal discharged a firearm in the course of each attempted murder (§ 12022.53, subds. (d), (e)(1)); and that defendant personally inflicted great bodily injury in the course of each attempted murder (§…