People v. Garcia CA3

BACKGROUND

In 2012, defendant, who went by the moniker “Bad Boy,” shot the victim, who went by the moniker “Puppet,” in his chest, stomach, and forearm. The victim made it back to his house, where sheriff’s deputies found him. The victim did not identify the shooter, but pointed up the street to indicate where the shooting had happened. Deputies canvassed the area and found blood and shell casings. Specifically, they found blood and

Undesignated statutory references are to the Penal Code. California v. Trombetta (1984) 467 U.S. 479 (Trombetta).

2 human tissue on a fence and blood leading up to the front porch of a house. They also found five spent shell casings and one live round. Although the shooting occurred in 2012, defendant was not arrested until 2018. At the time of the shooting, a crime scene investigator tested the victim’s body and hands for gunshot residue. Both of the victim’s hands had gunshot residue particles. At trial, an employee of the county forensic services explained that gunshot residue could appear on a person’s hands because they fired a gun or if they were near the front of a gun when it was fired. She explained that the victim’s gunshot residue…