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Legal Opinion

People v. Garcia

California Court of Appeal

Decided May 20, 2004No. F042317Published

1Opinion of the Court

Opinion

GOMES, J.

FACTUAL AND PROCEDURAL BACKGROUND

Two eyewitnesses identified 17-year-old Victor Maciel Garcia as the person who fired several shotgun blasts during a gang altercation in an alley. A pellet from one of those blasts apparently hit a 12-year-old girl in the leg and caused slight bleeding. An information charged him with, inter alia, attempted willful, deliberate, and premeditated murder and assault with a firearm and included, inter aha, criminal street gang, personal firearm use, and personal and intentional firearm discharge allegations. (Pen. Code, §§ 664, 187, subd. (a), 245,…

2Cases cited9 opinions

  1. United States v. TuckerSupreme Court of the United States · 1972
  2. Townsend v. BurkeSupreme Court of the United States · 1948
  3. People v. PriceCalifornia Supreme Court · 1991
  4. People v. CruzCalifornia Supreme Court · 1996
  5. People v. BelmontesCalifornia Supreme Court · 1983

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