People v. Garcia CA3

Filed 5/6/22 P. v. Garcia CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C091451

Plaintiff and Respondent, (Super. Ct. No. 16FE015384)

v.

MARIO JUNIOR GARCIA,

Defendant and Appellant.

Defendant Mario Junior Garcia shot and killed his neighbor during a dispute. A jury found defendant guilty of second degree murder and found true the allegation that he personally discharged a firearm causing death. On appeal, he contends the trial court erred in admitting evidence of his involvement in a jail fight, and also claims the matter should be remanded for the court to consider reducing the gun enhancement. We agree with the latter claim and remand for exercise of sentencing discretion; we…