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PEOPLE v. GARCIA

No. D049650.

168 Cal.App.4th 261 (2008)

THE PEOPLE, Plaintiff and Respondent, v. PEDRO ALEXANDER ZEPEDA GARCIA et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.

As modified November 24, 2008.

Attorney(s) appearing for the Case

Doris M. Frizzell, under appointment by the Court of Appeal, for Defendant and Appellant Geraldo Ojito.

Kerry L. Steigerwalt for Defendant and Appellant Pedro Alexander Zepeda Garcia.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillett and Gary W. Schons, Assistant Attorneys General, Gil Gonzalez, Lynne McGinnis and Garrett Beaumont, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

O'ROURKE, J.

A jury convicted Pedro Alexander Zepeda Garcia (also known as Teddy) and Geraldo Ojito (also known as Mist) of first degree murder (Pen. Code, § 187, subd. (a)). The jury found Garcia personally discharged a firearm causing death (Pen. Code, § 12022.53, subd. (d)), and that Ojito was vicariously armed with a firearm (Pen. Code, § 12022, subd. (a)(1)). The court sentenced Garcia to 50 years to life and Ojito to 25 years...

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