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Name: People v. Garcia
Case #: F083387
Opinion Date: 04/09/2024
Attorney: Laura Schaefer
Summary

The Court of Appeal agreed with the parties that the trial court erred by instructing the jury that implied malice can support a conviction for attempted murder, and that the error was compounded by statements the prosecutor made during her comments in closing argument. The error was prejudicial and necessitated reversal of appellant’s convictions for attempted murder. Furthermore, Assembly Bill no. 333’s recent amendments to Penal Code section 186.22 require reversal of the gang enhancements. The matter was remanded to allow the prosecution the opportunity to retry appellant.