People v. Garcia CA5

STATEMENT OF THE CASE

Appellant Richard Garcia, Jr. was charged by an information with the following six felony counts: attempted murder of John Doe (§§ 664/187, subd. (a); count 1); assault with a firearm upon Ana M. (§ 245, subd. (a)(2); count 2); assault with a semiautomatic firearm upon Ana M. (§ 245, subd. (b); count 3); assault with a firearm upon Anthony S. (§ 245, subd. (a)(2); count 4); assault with a semiautomatic firearm upon Anthony S. (§ 245, subd. (b); count 5); and possession of a firearm by a prohibited person (§ 29800, subd. (a)(1); count 6). As to count 1, it was alleged that Garcia personally discharged a firearm causing great bodily injury or death. (§ 12022.53, subd. (d).) As to counts 2, 3, 4, and 5, it was alleged that Garcia personally used a firearm. (§ 12022.5, subd. (a).) And as to counts 2 and 3, it was alleged that Garcia personally inflicted great bodily injury. (§ 12022.7, subd. (a).) Each count was alleged to have been committed on or about February 10, 2019. A prior serious felony (or “strike”) conviction was also alleged. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) On October 27, 2021, Garcia entered into a plea agreement whereby he pled…