People v. Garcia CA2/6

Filed 8/27/20 P. v. Garcia CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B301279 (Super. Ct. No. 2016032805) Plaintiff and Respondent, (Ventura County)

v.

ALEXIS GARCIA,

Defendant and Appellant.

Alexis Garcia appeals a judgment following conviction of assault with a semiautomatic firearm, and shooting a firearm at an occupied motor vehicle, with a finding of personal firearm use. (Pen. Code, §§ 245, subd. (b), 246, 12022.5, subd. (a).)1 We order the correction of the court minute order and abstract of judgment to reflect the oral pronouncement of judgment, but otherwise affirm.

All statutory references are to the Penal Code unless 1

stated otherwise.

FACTUAL AND PROCEDURAL HISTORY In the early evening of September 16, 2016, Joshua Allred visited the Oxnard home of Eduardo Sandoval to collect payment of a claimed debt owed by Sandoval’s younger brother. An argument ensued between Allred and Sandoval’s stepfather. Allred left but soon returned with a crowbar. Sandoval’s mother summoned police officers and Allred left again. Another man stood nearby and he also left with Allred. Sandoval retrieved a baseball bat and chased in the direction of the second man through the street and into the alley. At the same time, Sandoval’s friend, Alberto O’Campo, drove his truck into the alley. A black Acura sedan with a damaged front fender was stopped in the alley. Garcia left the rear passenger seat of the vehicle, holding a black, gray, or chrome-colored firearm. Garcia fired two gunshots at Sandoval and three at O’Campo’s truck. Sandoval was not injured but the truck sustained two passenger door gunshot-strikes and a shattered rear window. Bystanders placed emergency calls to the police dispatcher reporting the shooting. One caller described the shooter as a passenger in a black Acura sedan with a damaged front fender. Within a short time, a police officer located the black Acura sedan and effected a traffic stop. Garcia was a left rear-seat passenger. Sandoval identified the driver and Garcia in a field identification as being the occupants of the vehicle in the alley. Sandoval also identified Garcia as the man who fired the handgun at him and O’Campo. Police officers discovered a black semiautomatic handgun in the backseat of the Acura sedan, underneath a cup holder. The handgun was loaded with nine rounds of a 10-round