P. v. Garcia
Appellant Jesus Garcia was convicted, following a jury trial, of one count of first degree murder in violation of Penal Code section 187, subdivision (a).[1] The jury found true the allegations that the murder was committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(A) and that a principal personally used and discharged a firearm proximately causing the victim's death within the meaning of section 12022.53, subdivisions (b), (c), (d), and (e)(1). The court sentenced appellant to 25 years to life in state prison for the murder conviction plus 25 years to life for the firearm allegation.
Appellant appeals from the judgment of conviction, contending that the trial court erred in finding that the prosecution exercised due diligence in attempting to locate a key witness, allowing the jury to hear his confession, admitting the handgun seized from underneath his bed and permitting an expert witness to testify about predicate gang crimes. He further contends that there is insufficient evidence to support his conviction. Court affirm the judgment of conviction.
Comments on P. v. Garcia