P. v. Garcia
A jury convicted Raul Rojo Garcia of second degree murder and found true enhancements that he intentionally and personally discharged a firearm that caused the victim great bodily injury and death. (Pen. Code[1], 187, subd. (a); 12022.53, subds. (b)-(d).) The trial court sentenced him to 40 years to life in prison as follows: 15 years to life for murder and 25 years to life for the section 12022.53, subd. (d) enhancement.
Garcia contends the verdict should be reversed because the trial court erroneously admitted into evidence: (1) testimony regarding his prior acts of domestic violence; (2) his booking photograph; (3) testimony from one of the victim's sister; and (4) testimony from a toxicologist. He further contends: the prosecutor committed several acts of misconduct; the cumulative effect of the evidentiary errors and prosecutorial misconduct resulted in an unfair trial; and insufficient evidence supported the true finding on the section 12022.53, subd. (d) enhancement that he intentionally fired a gun. Finally, Garcia requests that this court independently review the materials the trial considered during a Pitchess hearing. Court affirm.
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