P. v. Garcia CA2/5
A jury convicted defendant and appellant Wesley Garcia (defendant) of two counts of willful, deliberate, and premeditated attempted murder and one count of carrying a loaded, unregistered handgun. The jury also found true allegations that defendant personally discharged a firearm causing great bodily injury in connection with each attempted murder charge. We consider whether substantial evidence supported the jury’s finding that the attempted murders were willful, deliberate, and premeditated. We are also asked to decide whether a remand to the trial court is warranted (a) because defendant had no sufficient opportunity at sentencing to preserve a record for later use at a youth offender parole hearing, or (b) so that the trial court will have an opportunity to exercise discretion—recently conferred by the enactment of Senate Bill 620—to strike one or both firearm sentencing enhancements the jury found true.
Comments on P. v. Garcia CA2/5