P.
P. v. Garcia CA4/3
Opinion
Opinion
Fybel, J.
INTRODUCTION
Defendant Victor Robert Garcia appeals from the judgment entered after a jury found him guilty of two counts of carjacking and one count of being a felon in possession of a firearm. The jury found Garcia personally used a firearm in the commission of one of the carjacking offenses, and personally used a knife in the other. The trial court found Garcia had suffered two prior serious felony convictions and five prior serious and violent felony convictions. The court also found he had served two prior prison terms. Garcia argues the trial court erred by (1) summarily denying his motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess), in which he sought the discovery of the personnel file of a police officer who was involved in the investigation of one of the carjacking offenses (the Pitchess motion); (2) denying Garcia’s motion to sever the carjacking count involving the firearm and the firearm possession count from the carjacking count involving the knife (the motion to sever); (3) violating his right to confront witnesses, by admitting evidence of one carjacking victim’s 911 call to police because the victim was unavailable to testify at trial;…