P. v. Garcia
The People charged defendant Ricardo Garcia with murder (count 1) and attempted murder (count 2), with enhancements alleged as to both counts that the offenses were committed for the benefit of a criminal street gang and that a principal personally and intentionally discharged a firearm causing death. (Pen. Code, §§ 187, subd. (a), 664/187, subd. (a), 186.22, subd. (b), 12022.53, subds. (d), (e)(1).)[1] The charged offenses arose from a walk-up shooting. The prosecution theory was that Garcia aided and abetted the crimes by acting as a dropoff and getaway driver for the actual shooter.[2] A jury acquitted Garcia of first degree murder, convicted him of second degree murder, and acquitted him of attempted murder. As to the second degree murder guilty verdict, the jury found that the offense was committed to benefit a criminal street gang and that a principal personally and intentionally discharged a firearm causing death.
The trial court sentenced Garcia to a total term of 40 years to life in state prison comprised of a term of 15 years to life on the murder count and 25 years for the firearm enhancement. The court ordered Garcia to pay $7,280 in direct victim restitution through the Victim Compensation Board, and to pay a $5,000 restitution fine and corresponding $5,000 parole revocation fine (stayed). (§§ 1202.4, subds. (b), (f), 1202.45.)
Garcia appeals. We modify the terms of the restitution fines, and affirm.
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