P. v. Garcia CA3
Defendant Mario Junior Garcia shot and killed his neighbor during a dispute. A jury found defendant guilty of second degree murder and found true the allegation that he personally discharged a firearm causing death. On appeal, he contends the trial court erred in admitting evidence of his involvement in a jail fight, and also claims the matter should be remanded for the court to consider reducing the gun enhancement. We agree with the latter claim and remand for exercise of sentencing discretion; we otherwise affirm the judgment.
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