People v. Garcia CA4/1

BACKGROUND

A. Underlying Facts and Procedural History2 On the afternoon of November 1, 2004, Garcia and his girlfriend, M.A., argued about their roommate’s use of M.A.’s computer. The roommate testified she passed Garcia in the hallway as she was leaving the residence. She saw that he had retrieved a gun and was walking briskly toward the bedroom where M.A. was using the computer. (Garcia I.)

Undesignated statutory references are to the Penal Code. Effective June 30, 2022, section 1170.95 was recodified without substantive change in section 1172.6, pursuant to Assembly Bill No. 200 (2021–2022 Reg. Sess.) (Assembly Bill No. 200). (See Stats. 2022, ch. 58, § 10.) We refer to the current codification throughout this opinion, unless otherwise indicated. To provide context for the parties’ arguments issues on appeal, we draw the facts from our unpublished opinion in People v. Garcia (Feb. 20, 2008, D047564) (Garcia I). However, neither we nor the trial court may engage in factfinding based on the appellate opinion at the prima facie stage. (People v. Lewis (2021) 11 Cal.5th 952, 972 (Lewis); 1172.6, subd. (d)(3).)

2 A next door neighbor heard what sounded like a rock…