P. v. Garcia
Roger Jesus Garcia appeals the judgment entered following his conviction by jury of attempted murder, two counts of attempted second degree robbery, attempted carjacking, two counts of assault with a deadly weapon, receiving stolen property and attempted extortion. (Pen. Code, §§ 664/187, subd. (a), 664/211, 664/215, subd. (a), 245, subd. (a)(1), 496, subd. (a), 664/524.)[1] The jury found Garcia committed each offense, except receiving stolen property, for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)), Garcia personally used a deadly weapon in the commission of attempted murder, attempted carjacking, one count of attempted robbery and both counts of assault with a deadly weapon (§ 12022, subd. (b)(1)), and Garcia personally inflicted great bodily injury in the commission of attempted murder, attempted carjacking, one count of assault with a deadly weapon and one count of attempted robbery (§12022.7, subd. (a)).
On appeal, Garcia contends the trial was marked by prosecutorial and judicial misconduct which deprived him of a dispassionate consideration of the impeachment of the victims, thereby denying him due process and a fair trial. However, none of the cited instances amounts to anything more than incivility and quite nearly all of the asserted misconduct occurred at the sidebar and thus could not have affected the jury. We therefore affirm the judgment.
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