People v. Garces CA2/1

Filed 5/29/24 P. v. Garces CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B333551 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. VA148434) v.

EDWIN DAVID GARCES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Joseph R. Porras, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _____________________

I In 2018, defendant and appellant Edwin David Garces vandalized a marijuana dispensary. When the owner of the dispensary and an employee confronted him, Garces pulled out a knife and attacked them, stabbing the employee nine times. A jury convicted Garces of one count each of willful, deliberate and premeditated attempted murder (Pen. Code,1 §§ 187, subd. (a), 664, subd. (a)), assault with a deadly weapon (§ 245, subd. (a)(1)), and vandalism (§ 594, subd. (a)). In addition, the jury found that Garces personally used a knife in the attempted murder (§ 12022, subd. (b)(1)), that he inflicted great bodily injury (§ 12022.7, subd. (a)) in the attempted murder and the assault, and that he committed the crimes for the benefit of a criminal street gang.2 (§ 186.22, subd. (b)(1)(C).) The trial court sentenced Garces to 16 years to life in prison. The sentence included two enhancements for inflicting great bodily injury (§ 12022.7, subd. (a)) and one for using a knife (§ 12022, subd. (b)(1)). In a prior opinion (People v. Garces (Nov. 29, 2022, B320070) [nonpub. opn.]), we affirmed Garces’s conviction but we ordered a new sentencing hearing in light of Senate Bill No. 81 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 721), which amended section 1385 to provide new guidelines for trial courts in