People v. Garcia CA4/2

I.

INTRODUCTION

While sitting in the backseat of a car, defendant and appellant Daniel Garcia shot

the driver and her passenger in the head, killing them both. A jury convicted him of two

counts of first degree murder, and the trial court sentenced him to two consecutive life

terms without the possibility of parole, plus 25 years.

Defendant argues his convictions must be reversed because (1) there was no

substantial evidence that the murders were premeditated, (2) the trial court erroneously

allowed the jurors to begin deliberations shortly after closing arguments, and (3) the trial

court erroneously required his expert witness to testify before he testified. We reject

these arguments. Defendant also contends, and the People concede, that the parole

restitution fine must be stricken and that the sentencing minute order and the abstract of

judgment must be corrected. We agree. As modified, the judgment is affirmed.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant woke up his niece, G.B., in the middle of the night and told her to

follow him. After following defendant out of her bedroom, he told her that he had killed

two people. G.B. thought defendant was lying or…