People v. Garza CA4/2

Filed 1/16/24 P. v. Garza CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E082166

v. (Super.Ct.No. INF1601917)

ANTHONY GARZA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Dean Benjamini, Judge.

Affirmed.

Marcia R. Clark, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

A jury found defendant and appellant Anthony Garza guilty of second degree

murder (Pen. Code, § 187, subd. (a), count 1)1 and found true an allegation that he

1 All further statutory references are to the Penal Code unless otherwise indicated.

1

discharged a firearm causing great bodily injury and death (§ 12022.53, subd. (d)).2 The

trial court sentenced him to 15 years to life, plus 25 years for the firearm enhancement.

(Garza, supra, E077734.)

On appeal from the judgment, we remanded the matter for resentencing for the