People v. Garcia CA5

Filed 9/14/22 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084099 Plaintiff and Respondent, (Super. Ct. No. LF010246A) v.

EDGAR ISIDRO GARCIA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Peña, J.

Appellant Edgar Isidro Garcia appeals from a January 13, 2022 judgment of the Kern County Superior Court. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm the judgment. BACKGROUND1 Garcia was charged with three counts of attempted willful, deliberate, and premeditated murder (Pen. Code,2 §§ 187, subd. (a), 189, 664 [counts 1-3]); gang participation (§ 186.22, subd. (a) [count 5]); three counts of assault with a firearm (§ 245, subd. (a)(2) [counts 6-8]); and discharging a firearm from a motor vehicle at another person other than an occupant of a vehicle (§ 26100, subd. (c) [count 9]). Later, counts 2 and 7 were dismissed. The information further alleged that Garcia committed the offenses underlying counts 1, 3, 6, 8, and 9 for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)); in connection with count 1, he personally and intentionally discharged a firearm and proximately caused great bodily injury (§ 12022.53, subd. (d)); in connection with count 3, he personally and intentionally discharged a firearm (id., subd. (c)); in connection with counts 6, 8, and 9, he personally used a firearm (§ 12022.5, subd. (a)); and, in connection with counts 6 and 9, he personally inflicted great bodily injury (§ 12022.7, subd. (a)) and inflicted such injury as a result of discharging a firearm from a motor vehicle (§ 12022.55). Following trial, the jury could not reach a verdict and the trial court declared a mistrial. Following retrial, the jury found Garcia guilty as charged and found true the special allegations. He was sentenced to 15 years to life, plus 25 years to life for firearm