P. v. Garnica CA2/2
Joan Garnica (Garnica) and Rene Salas (Salas) (collectively, defendants) appeal their convictions for murder, attempted murder and other crimes arising out of several incidents of gang-related violence. Specifically, they argue that the trial court erred (1) in admitting certain evidence against Garnica, (2) in denying their motions to sever the joint trial of the charged incidents into several different trials, one for each defendant as to each incident, (3) in not granting a mistrial after the prosecutor elicited an in-court identification he knew to be false, and, potentially, (4) in its review of discovery sought by the defense. We conclude there was no individual or cumulative error, and affirm defendants’ convictions. After this matter was initially set for argument, the parties provided supplemental briefing on whether the gang enhancements and other sentencing enhancements premised on gang activity must be vacated in light of the recently enacted Assembly Bill No. 333 (Stats.
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