California Court of Appeal

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PEOPLE v. GARCIA, B141994

Under Penal Code section 12022.53, an enhancement for the intentional and personal discharge of the firearm for gang activity may not apply where the underlying murder charge was not proved.

Appellate Information

  • Decided 04/26/2001
  • Published 04/26/2001

Judges

  • MIRIAM A. VOGEL, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Maxine Weksler, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Mary E. Sanchez, Supervising Deputy Attorney General, Darryl C. Hottinger and Jaime L. Fuster, Deputy Attorneys General, for Plaintiff and Respondent.
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