P. v. Garcia
A jury convicted Jose Luis Garcia of assault with a semiautomatic firearm,attempted kidnapping, shooting at an inhabited structure and burglary. He appeals, contending: (1) insufficient evidence supported his convictions for assault with a semiautomatic firearm, attempted kidnapping and burglary; (2) the trial court incorrectly instructed the jury on the intent element for attempted kidnapping; (3) the prosecutor committed prejudicial misconduct; and (4) his counsel provided ineffective assistance by failing to object to the misconduct. Additionally, the People note sentencing errors and errors in the abstract of judgment. Court find no prejudicial error warranting reversal of the conviction; however, Court agree that the trial court erred during sentencing and reverse the judgment as to the sentence and remand the matter for resentencing. In all other respects, Court affirm the judgment.
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