Garcia

I. BACKGROUND

A. Procedural History Appellants were charged with the murder and kidnapping of Reynaldo Vazquez. Scott was also charged with robbery and a special circumstance of felony murder in the course of kidnapping. (Penal Code, § 190.2, subd. (a)(17)(B).) Scott was further charged with a special allegation that he personally and intentionally discharged a firearm that caused great bodily injury and death. Garcia was charged with the commission of an offense in which the principal was armed with a firearm (§ 12022, subd. (a)(1)) and a

1All further statutory references are to the Penal Code unless otherwise noted.

2 special allegation that he was a major participant in a felony and acted with reckless indifference to human life. (§ 189, subd. (e)(3).) On January 29, 2020, jury selection began. On March 2, 2020, trial commenced. On July 2, 2020, the jury found Garcia guilty of first degree murder and kidnapping but did not find true the firearm allegation. The jury found Scott guilty of first degree murder, kidnapping, and robbery, and found true the kidnapping special circumstance. It also found true the firearm allegation on the murder and kidnapping counts. The trial…