People v. Garcia

Defendant was convicted, after jury trial, of 1st-degree murder and mob action, but found not guilty of attempted murders of 2 other people. Prosecutor's examples, in closing argument, which did not describe criminal activity but were intended to explain accountability, were inartful but not reversible error as evidence was not closely balanced, and were not a material factor in convictions. Evidence overwhelmingly supported conclusion that, before or during commission of offenses of murder and mob action and with intent to promote or facilitate commission of those offenses, Defendant aided and abetted 2 other members of street gang by agreeing to be their "wheelman" in shooting. (BURKE and SPENCE, concurring.)