P. v. Garcia
Seventeen-year-old Ricardo Garcia shot and killed Solomon Zarate, also 17 years old, in an impulsive, gang-related altercation at a party. A jury convicted him of first degree murder and found true allegations related to Garcia’s use of a gun and involvement in a criminal street gang. The trial court sentenced Garcia to life without the possibility of parole (LWOP), plus 25 years to life.
Garcia contends the jury was misinstructed on self-defense and on the intent required for the gang allegations. He also claims sentencing errors, including the trial court’s reliance on improper aggravating factors, ineffective assistance by his attorney, and the court’s misapprehension that the sentencing statute, Penal Code section 190.5, subdivision (b)[1] prescribed a presumptive LWOP term. In supplemental briefing, Garcia argues that section 190.5 is unconstitutional in light of Miller v. Alabama (2012) 567 U.S. __ [132 S.Ct. 2455] (Miller), in which the United States Supreme Court held that mandatory LWOP sentences for minors are unconstitutional and identified factors courts must consider when deciding whether to sentence a juvenile murderer to LWOP or a lesser term.
We vacate Garcia’s sentence and remand to allow the court to re-evaluate its sentencing decision as prescribed by Miller. We reject Garcia’s remaining contentions and affirm the judgment in all other respects.
Comments on P. v. Garcia