People v. Garcia CA5

California Court of Appeal Jun 8, 2021 No. F077990Unpublished

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Holding. The court reversed the defendant's conviction for assault with a deadly weapon because the jury instruction regarding uncharged conspiracy failed to properly define the elements of the charged offense, and the error was prejudicial.

Issues

Whether the jury instruction on uncharged conspiracy erroneously lowered the prosecution's burden of proof by failing to define the elements of assault with a deadly weapon.

Disposition. reversed

Quotations verified verbatim against the opinion

“The uncharged conspiracy instruction in this case errs because it inadequately explains assault with a deadly weapon.”

“The People concede both error and prejudice. We accept the concessions and will reverse the judgment.”

Filed 6/8/21 P. v. Garcia CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, F077990 Plaintiff and Respondent, (Super. Ct. No. 17CR04410D) v.

ADRIAN GARCIA, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Merced County. Carol K. Ash, Judge. Kevin J. Lindsley, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Jennifer Oleksa, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Adrian Garcia was convicted for his role in a gang-related assault with a deadly weapon occurring in jail (Pen. Code,1 §§ 245, subd. (a)(1) & 186.22, subd. (b)). On

1 All statutory references are to the Penal Code.

appeal, he contends the court’s jury instruction describing an uncharged conspiracy erroneously lowered the prosecution’s burden of proof. The People concede both error and prejudice. We accept the concessions and will reverse the judgment.2 BACKGROUND Charges The Merced County District Attorney charged Garcia with three crimes: Attempted murder (§§ 187 & 664, Count 1), assault with a deadly weapon (§ 245, subd. (a)(1), Count 2), and possessing a weapon in jail (§ 4502, subd. (a), Count 3). It was also alleged the crimes were gang-related (§ 186.22, subd. (b)) and the victim suffered great bodily injury (§ 12022.7, subd. (a)). Trial Evidence3 The victim testified he was attacked by several other men he was housed with in jail.4 He suffered significant injuries including “numerous small puncture wounds” across his back. He identified Garcia as one of his assailants but was unaware if Garcia utilized a weapon in the attack. Verdict and Sentence Garcia was convicted of assault with a deadly weapon (Count 2) but acquitted of attempted murder and possessing a weapon (Counts 1 and 3). The gang-related crime and great bodily injury enhancements were found true. He was sentenced to serve 11 years eight months in prison.5

People v. Garcia CA5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

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AND

POOCHIGIAN, J.

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