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California Court of Appeal


People v. Garcia, G044232

In a prosecution on four counts of attempted murder, possession of a firearm by a minor, gang member in possession of a loaded firearm in public, and active participation in a criminal street gang: 1) convictions on all counts except possession of a firearm by a minor are reversed, along with the true findings on the enhancements attached to those counts, where the defendant was denied a unanimous verdict by 12 jurors; 2) conviction on all the count alleging possession of a firearm by a minor is affirmed, along with a gang enhancement, where 12 jurors announced their verdict on that count; and 3) the defendant's argument that the evidence was insufficient to support two of the four counts of attempted murder is rejected.

Appellate Information

  • Decided 03/20/2012
  • Published 03/20/2012

Judges

  • Moore

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Allen G. Weinberg, Barry Carlton

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