P. v. Garcia
Filed 3/22/06 P. v. Garcia CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. CARLOS OMAR GARCIA, Defendant and Appellant. | B181900 (Los Angeles County Super. Ct. No. GA054237) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Janice Claire Croft, Judge. Affirmed and remanded with directions.
Susan Pochter Stone, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters and Jaime L. Fuster, Supervising Deputy Attorneys General, for Plaintiff and Respondent.
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Carlos Omar Garcia was convicted of attempted premeditated murder, shooting at an occupied motor vehicle, assault with a firearm, and possession of a firearm by a convicted felon, with true findings on various gang and firearm enhancement allegations. (Pen. Code, §§ 664, 187, subd. (a), 186.22, subd. (b)(1), 246, 245, subd. (a)(2), 12022.5, subd. (a), 12022.53, subds. (b), (c), (d), (e)(1), 12021, subd. (a)(1).)[1] He was sentenced to state prison for a term of 25 years to life plus two years. Garcia appeals, claiming there were instructional and sentencing errors, and the Attorney General raises other sentencing errors in his respondent's brief. We affirm the judgment, but remand with directions to the trial court to modify Garcia's sentence.
FACTS
In the early morning hours of August 1, 2003, Garcia (a member of the West Side Locos, a Glendale street gang) met Francisco Juarez, another Locos member, at a friend's house. Garcia showed Juarez a .380-caliber revolver, and later, while it was still dark, they walked down the street to meet Jacqueline Santos at her Western Avenue apartment. At about 5:15 a.m., Garcia, Juarez, and Santos were on the stairs outside Santos's apartment when Gustavo Munoz (the victim) parked his Subaru next to Santos's building and honked his horn to let a co-worker know he was there to pick him up for work. Garcia and Juarez walked up to Munoz's car and Garcia asked, â€
