People v. Garcia CA2/1

BACKGROUND

I. Trial and Direct Appeal

In 2009, Garcia was tried for one count of murder with codefendant, Steven Menendez. There were no other offenses charged in the information. The prosecution’s theory of the case as presented at trial was that 16-year-old Garcia and 14-year-old Menendez were gang members who committed a gang-motivated drive-by shooting, resulting in one fatality. The prosecution presented evidence that Garcia was the driver and Menendez was the passenger and shooter. The prosecution’s gang expert opined that Garcia and Menendez were members of a criminal street gang, and they committed their crime for the benefit of the gang. Garcia testified in his defense, acknowledging he drove the car and Menendez was his passenger during the shooting. Garcia also testified that a third man, Noel Velasco (deceased at the time of trial), was in the car, and Velasco fired the fatal shot from inside the car. Garcia further testified that he had not seen a gun in the car, and he indicated he did not know Velasco was going to shoot anyone. Garcia called his own gang expert, who opined that Velasco committed the shooting for personal reasons

3 rather than to benefit the…