People v. Garcia CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. The Crime

Defendant and another person were in a vehicle when they fired gunshots into the victims’ vehicle. The driver of the victims’ vehicle was killed. Defendant was one of the people identified as having fired into the car.

II. The Conviction

In 1997, a jury convicted defendant of first degree murder (§ 187, subd. (a)) and two counts of attempted willful, deliberate,

All further statutory references are to the Penal Code unless otherwise indicated.

2 premeditated murder (§§ 187, subd. (a), 664, subd. (a)). The jury also found true the firearm enhancements alleged under sections 12022.55 and 12022.5, subdivision (a). Defendant was sentenced to a term of 25 years to life in state prison for the murder count; the trial court also imposed consecutive sentences of life with the possibility of parole for the two attempted murder counts. The court imposed a six-year enhancement for each count, and imposed but stayed a four-year enhancement for each count. Later, pursuant to instructions from the appellate court, the trial court struck the enhancements pursuant to section 12022.55 and lifted the stay on the section 12022.5,…