People v. Garcia CA4/1

STATEMENT OF FACTS

Counsel has provided a short summary of the facts of the offense, which we will adopt for convenience. On July 14, 2005, two Hispanic males yelled “Eastside Riva” from their car at the victim. The men got out of their car and walked toward the victim. According to the victim, Garcia pulled out a revolver and fired at the victim, striking him in the right hand and right thigh. An anonymous witness provided a license plate number of the vehicle driven by the Hispanic men. On July 21,2005, a routine traffic stop was conducted on that vehicle for a broken taillight and police determined that Garcia was an occupant of the

2 car. Police obtained permission to search his residence, and found a loaded .38 caliber revolver with extra ammunition, and various items with “Eastside” and “ESR IE 14” in the residence. The victim of the shooting later identified Garcia from a six-pack photo lineup. At the hearing on the petition, defense counsel informed the court that according to the Court of Appeal opinion, Garcia was convicted on a direct aiding and abetting theory.

DISCUSSION

As we have noted, appellate counsel has filed a brief consistent with Wende and asks us to…