P. v. Garcia CA5
What began as a petty theft of beer from a 7-Eleven store in Bakersfield escalated into an armed robbery followed by a shooting at an occupied patrol car. Defendant Daniel Garcia was arrested for the crimes shortly afterward and convicted by jury of the following six offenses: attempted murder of Officer Brady Barber, assault with a firearm upon a peace officer, shooting at an occupied motor vehicle, robbery, active participation in a criminal street gang, and possession of a firearm by a felon. The jury found true the special allegations that the attempted murder of Barber was willful, deliberate and premeditated (§ 189) and that the victim was a known peace officer. The jury also found true the gang enhancement attached to counts 1 through 4, and the firearm enhancements attached to counts 1 through 5.
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