P. v. Garcia
Defendant Alexis Garcia was retried for the murder of Ricardo Castro (Pen. Code, 187, subd. (a)) after the jury in his first trial deadlocked by a vote of six to six. During his second trial, the jury found defendant guilty of murder during the commission of which he personally and intentionally discharged a firearm, causing great bodily injury and/or death (id., 12022.53, subd. (d)). The jury further found that he committed the murder for the benefit of a criminal street gang (id., 186.22, subd. (b)(1)). The trial court sentenced defendant to state prison for a total term of 50 years to life.
On appeal, defendant contends (1) he was denied access to important exculpatory evidence when the trial court denied his Pitchess motion and his Brady request; (2) the defense was improperly restricted when the trial court prevented his trial counsel from arguing that he was not the shooter; and (3) the evidence was insufficient to establish his guilt beyond a reasonable doubt. Court reverse with directions.
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