People v. Garcia CA1/3

Filed 4/7/23 P. v. Garcia CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A165393 v. LUIS MARIA GARCIA, (Solano County Super. Ct. No. VCR228983) Defendant and Appellant.

Defendant Luis Maria Garcia appeals from a judgment following his plea of no contest to one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))1 against victim J.D.2 Additional counts were dismissed with a Harvey waiver.3 The underlying crimes occurred on the morning of February 6, 2016. Defendant was a passenger in a car with two codefendants as they chased a car driven by victim J.D. They followed J.D. to a parking lot and confronted him. Defendant pointed a firearm at J.D. and asked, “ ‘do you bang, where you from.’ ” One of the codefendants stopped the confrontation when he

1 Further unspecified references are to the Penal Code. 2 Pursuant to California Rules of Court, rule 8.90, governing “Privacy in opinions,” we anonymize the names of certain victims and witnesses. 3 People v. Harvey (1979) 25 Cal.3d 754 (Harvey).

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recognized J.D., and defendant and his codefendants got back in their car and drove away. Shortly thereafter, defendant and his codefendants chased a car driven by victim Eric Reyes. Reyes drove in a circle to elude the other car, but both he and his passenger, A.C., were eventually shot. Reyes died of a gunshot wound to the chest. Defendant and his codefendants were charged with seven counts: conspiracy to commit a crime (§ 182, subd. (a)(1); counts one and two); murder (§ 187, subd. (a); count three); attempted murder (§§ 664, 187, subd. (a)(1); count four); shooting at an occupied vehicle (§ 246; count five); street terrorism (§ 186.22; count six); and assault with a semiautomatic firearm (§ 245, subd. (b); count seven). Counts one through four and seven included a gang enhancement (§ 186.22, subd. (b)(1)(A)). Counts one, three, four, five, and seven included a firearm enhancement (§ 12022.5, subd. (a)(1)). All counts carried a serious and/or violent felony allegation (§§ 1192.7, subd. (c), 667.5, subd. (c)). Defendant entered a no contest plea to an added count eight for assault with a firearm upon J.D. (§ 245, subd. (a)(2)), with a gang enhancement (§ 186.22, subd. (b)(1)(A)), for a total prison term of nine years. At the change of plea hearing, defendant signed a change of plea form, and the trial court dismissed counts one through seven “with a Harvey waiver on motion of the district attorney.” Defendant was released for time served. The trial court ordered defendant to pay direct victim restitution to the parents of Reyes. The order was later amended to add joint and several liability with the codefendants. Defendant filed a notice of appeal, indicating this appeal is based on the post-plea restitution order.