People v. Garcia CA2/3

INTRODUCTION

A jury convicted Josue Garcia of one count of first degree murder (Pen. Code,1 § 187, subd. (a); count 1), four counts of willful, deliberate and premeditated attempted murder (§ 664/187; counts 2–5), one count of criminal threats (§ 422, subd. (a); count 6), and one count of shooting at an occupied vehicle (§ 246; count 7). The jury also found true gang and gang- related firearm allegations. (§ 186.22, subd. (b)(1); § 12022.53, subd. (e).) We reverse the gang and gang-related firearm allegations and vacate Garcia’s sentence. On remand, the People may retry the allegations under the amendments to section 186.22. We otherwise affirm the judgment.

PROCEDURAL BACKGROUND

Garcia and his codefendant Luis Ramos were charged by an amended information dated August 19, 2019. In count 1, the amended information charged Garcia and Ramos with the murder of Edwin Jurado (§ 187, subd. (a)). In counts 2 through 5, the amended information charged Garcia and Ramos with the attempted premeditated murder of Jose Delgado, Pablo Delgado, Sr., Pablo Delgado, Jr., and Christian Diaz (§ 664/187, subd. (a)). As to these five counts, the amended information included a gang/gun special…