P. v. Garcia CA5
Appellant Jose Epifanio Garcia, Jr., appeals his convictions following a jury trial. Garcia was found guilty of first degree murder (Pen. Code, § 187; count 1) of Rodolfo Garcia; assault with a firearm on Yesenia, Joel, and Maria (§ 245, subd. (a)(2); counts 3, 5, 7, respectively); possession of a firearm by a felon (§ 29800, subd. (a)(1); count 8); and participating in a street gang (former § 186.22, subd. (a); count 9). The jury found true enhancements for lying in wait (§ 190.2, subd. (a)(15)), being an active participant in a criminal street gang (§ 190.2, subd. (a)(22)), committing the offense to benefit a criminal street gang (former § 186.22, subd. (b)(1)), discharging a firearm in the commission of the offense (§ 12022.53, subd. (d), and personally using a firearm in a gang offense causing injury or death (§ 12022.53, subd. (e)(1)) as to count 1; benefiting a street gang (former § 186.22, subd. (b)(1)), personally using a firearm (§ 12022.5, subd. (a)),
Comments on P. v. Garcia CA5