P. v. Garcia-Sanchez
A jury convicted defendant Antonio Garcia-Sanchez of three counts of attempted murder and one count of street terrorism, and found several enhancement allegations true, including that the attempted murders were committed for the benefit of a criminal street gang and that defendant (gang principal) personally and intentionally discharged a firearm resulting in great bodily injury. (Pen. Code, 664/187, 186.22, subds. (a), (b)(1), 12022.53, subds. (c), (d), (e)(1).)[1] The jury acquitted defendant of three alternative counts of assault with a firearm. ( 245, subd. (a)(2).) The jury was instructed to so acquit should it convict defendant of the three attempted murders. Sentenced to a state prison term of nearly 97 years to life (based largely on the firearm enhancements), defendant appeals. He contends that the prosecutor engaged in misconduct at trial and also withheld evidence implicating Juan Rayo in the shooting, and that the trial court erroneously denied defendants motion for new trial based on newly discovered evidence that Rayo committed the shooting. Defendant also contends the cumulative effect of the errors denied him due process.
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