People v. Garcia CA2/2

Filed 3/25/21 P. v. Garcia CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B304788

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA128373) v.

ISAAC GARCIA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, John A. Torribio, Judge. Affirmed.

Janet J. Gray, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Charles S. Lee and Nima Razfar, Deputy Attorneys General.

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Isaac Garcia (defendant) filed a petition to vacate his conviction for attempted murder pursuant to Penal Code section 1170.95,1 as amended by Senate Bill No. 1437 (2017-2018 Reg. Sess.). The trial court summarily denied that petition and defendant now appeals. Under People v. Love (2020) 55 Cal.App.5th 273, review granted Dec. 16, 2020, S265445, defendant’s petition fails as a matter of law; as a direct result, his related procedural challenges also fail. So, we affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts2 A. The underlying crime In November 2012, defendant and two other members of the Bellflower Devils clique of the 18th Street gang, Israel Itehua (Itehua) and Jeremy Harris (Harris), chased a putative rival gang member into an apartment complex. There, Itehua shot and paralyzed one woman and then, as the men fled, Itehua fired four shots at a homeless man who had earlier refused to affirm his gang affiliation to them. B. Prosecution, conviction and appeal The People charged defendant with (1) the attempted murder of the woman Itehua shot (§§ 187, subd. (a) & 664), and (2) the attempted murder of the homeless man (§§ 187, subd. (a)