People v. Garcia CA2/8

Filed 1/19/22 P. v. Garcia CA2/8 Opinion on remand from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B307757

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA357126) v.

RICARDO GARCIA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Curtis B. Rappe, Judge. Reversed and remanded with directions. Eric R. Larson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta and Xavier Becerra, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Michael C. Keller, Idan Ivri and Wyatt E. Bloomfield, Deputy Attorneys General, for Plaintiff and Respondent.

********** In 2009, defendant and appellant Ricardo Garcia was charged with first degree murder (Pen. Code, § 187, subd. (a)) and attempted murder (§ 187, subd. (a), § 664). Firearm use and gang allegations were alleged as to both counts (§ 12022.53, § 186.22). The charges arose from an incident on March 19, 2009, in which defendant’s fellow gang member and codefendant, Francisco Ruiz, walked up to the front of an apartment building where several members of a family were gathered and began shooting, wounding one family member and killing another. Defendant was charged and prosecuted as the dropoff and getaway driver for Ruiz. (People v. Garcia (May 22, 2013, B236196) [nonpub. opn.].) During deliberations, the jury indicated an inability to reach a decision on defendant’s liability as a direct aider and abettor. After discussing the matter with counsel, the court instructed the jury on the natural and probable consequences doctrine. The jury thereafter returned with a verdict. The jury acquitted defendant of first degree murder, found him guilty of second degree murder and acquitted him of attempted murder. The jury found true the gang allegation and the allegation that a principal discharged a firearm in the commission of the offense. (People v. Garcia, supra, B236196.) The trial court sentenced defendant to an indeterminate term of 40 years to life. In an unpublished decision, we affirmed defendant’s conviction. (People v. Garcia, supra, B236196.) In 2018, Senate Bill 1437 (2017–2018 Reg. Sess.) was passed. Penal Code section 1170.95 was enacted as part of the legislative changes effected by Senate Bill 1437 and became effective January 1, 2019. (Stats. 2018, ch. 1015, § 4.)