People v. Garcia CA4/1

Filed 4/24/14 P. v. Garcia CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064066

Plaintiff and Respondent,

v. (Super. Ct. No. SCS234681)

JESUS A. GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Ana L.

Espana, Judge. Affirmed.

David L. Kelly, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

A jury found Jesus A. Garcia guilty of second degree murder (Pen. Code, § 187,

subd. (a); count 1) and two counts of misdemeanor child abuse (Pen. Code § 273a, subd.

(b); counts 3 and 4). The court sentenced him to prison for 15 years to life for second

degree murder, with credit for time served on the misdemeanor counts. Garcia appeals.

We affirm.

BACKGROUND

In 2009, Garcia's wife, Maribel Arteaga, began an affair with a coworker, Carlos

Orga. Garcia learned of the affair and became upset. In October or November, Arteaga