P. v. Garcia
Gilbert Garcia, Jr., appeals the judgment following his conviction for first degree murder (Pen. Code, §§ 187/189)[1], and shooting at an occupied vehicle (§ 246).
The jury found allegations to be true that the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)), and that a principal personally and intentionally discharged a firearm (§ 12022.53, subd. (e)). Garcia was sentenced to 25 years to life for the murder plus 25 years to life on the firearm enhancement. Sentences of 15 years to life for shooting at an occupied vehicle offense and 10 years for the gang enhancement were stayed.
Garcia contends there is insufficient evidence to support his convictions, to support the convictions on an aiding and abetting theory, to establish premeditation and deliberation, or to support imposition of a gang enhancement. He also claims instructional error regarding aiding and abetting, prosecutorial misconduct, and error in the denial of his motion to bifurcate trial of the gang enhancement. We affirm.
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