People v. Garcia CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Gregory Steven Garcia (defendant) went to Xavier Martinez’s apartment, and then fired multiple shots, striking him in the back of the head. Defendant later told his brother that he would get away with it because “they don’t have the burner”— that is, the gun—“[he] used.”

II. Procedural Background

The People charged defendant with murder (§ 187, subd. (a)). The People further alleged all three firearm enhancements set forth in section 12022.53—namely, that defendant “personally and intentionally discharge[d] a firearm and proximately cause[d] great bodily injury” (§ 12022.53, subd. (d)), that he “personally and intentionally discharge[d] a firearm” (id., subd. (c)), and that he “personally use[d] a firearm” (id., subd. (b)). The People additionally alleged that the murder was “committed for the benefit of, at the direction of, and in association with a

3 criminal street gang” (§ 186.22, subd. (b)(1)(C)) and that defendant was on bail at the time of the crime (§ 12022.1). The matter proceeded to trial. The trial court instructed the jury on the crimes of first degree murder, second degree murder, and voluntary manslaughter due to…