People v. Garcia

Opinion

DOSSEE, J.—

Introduction

Ramon Garcia appeals from his conviction of second degree murder (Pen. Code, §§ 187, 189), 1 assault with a firearm (§ 245, subd. (a)(2)), and weapon use enhancements for both counts (§ 12022.5). Appellant asserts several contentions regarding the need for a jury finding pursuant to section 190, former subdivision (c) (hereafter section 190(c)), which imposes a sentence of 20 years to life for a second degree “drive-by” murder. 2 We determine that section 190(c) is not a substantive crime and that the failure to obtain a jury finding on the element of intent to…