People v. Garcia CA2/4

Filed 1/25/24 P. v. Garcia CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B325388

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA381662) v.

PETER IGNACIO GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David R. Fields, Judge. Affirmed. Nancy Gaynor, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Peter Garcia appeals from an order denying his petition for resentencing under Penal Code section 1172.6.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and appellant filed a supplemental brief. We review the contentions appellant raises in his supplemental brief and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND In 2012, appellant was charged in an amended information with murder (§ 187, subd. (a), count one), evading an officer with willful disregard (Veh. Code, § 2800.2, subd. (a), count two), and possession of a firearm by a felon (§ 12021, subd. (a)(1), count three). As relevant here, the information further alleged in count one that appellant personally and intentionally discharged a firearm, causing great bodily injury and death (§ 12022.53, subds. (b), (c), and (d)). The underlying facts presented at trial are discussed in detail in this court’s prior nonpublished opinion, People v. Garcia (June 18, 2015, B250582). We briefly discuss them here to provide context for the trial court’s ruling. We otherwise do not rely on this factual background in resolving the issues presented in this appeal. (See § 1172.6, subd. (d)(3).) It was undisputed at trial that appellant shot the victim as she ran across the street, hitting her in the back and fatally wounding her. It was also undisputed that at some point earlier in the day, the victim shot appellant’s sister in the leg, but the precise timing and location of that shooting were subject to conflicting evidence at trial. The