Filed 6/2/23 P. v. Galindo-Garcia CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, A163966 Plaintiff and Respondent, v. (Alameda County EDUARDO GALINDO-GARCIA, Super. Ct. No. 18CR015091) Defendant and Appellant. ORDER MODIFYING OPINION THE COURT: On the court’s own motion, the judicial panel for this court’s May 23, 2023 opinion is corrected from Goldman, J., Brown, P. J., Streeter, J. to Goldman, J., Streeter, Acting P. J., and Fineman, J. * There is no change in the judgment. June 2, 2023 STREETER, Acting P. J. *Judge of the Superior Court of California, County of San Mateo, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. Filed 5/23/23 P. v. Galindo-Garcia CA1/4 (unmodified opinion) NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, A163966 v. EDUARDO GALINDO-GARCIA, (Alameda County Super. Ct. No. 18CR015091) Defendant and Appellant. A jury convicted Eduardo Galindo-Garcia of second degree murder (Pen. Code,1 § 187, subd. (a) (count 1)) and shooting at an occupied vehicle (§ 246 (count 2)). The trial court sentenced him to 25 years to life in prison. Galindo-Garcia argues that evidentiary error, instructional error, prosecutorial misconduct, and cumulative error require reversal of his conviction. Although our review of the record reveals certain errors, we conclude they are individually and cumulatively harmless. Nevertheless, as the Attorney General concedes, remand for resentencing is required in light of retroactive changes to the determinate sentencing law. In all other respects, the judgment is affirmed. 1All further undesignated statutory references are to the Penal Code. FACTS It is undisputed that Galindo-Garcia, while driving in Oakland, shot and killed another driver. The only issue at trial was whether Galindo-Garcia shot in self-defense. I. Prosecution’s Case A. Events of June 9, 2018 Galindo-Garcia attended a party at a friend’s house in Oakland along with his then-girlfriend Delmy Romero and Romero’s five-year-old daughter. They arrived at the party around 7:30 p.m. and stayed for an hour or two. While at the party, Romero saw Galindo-Garcia leave with some friends and return about 30 to 45 minutes later. When Galindo-Garcia came back, Romero thought that he seemed “different” and “nervous.” Galindo-Garcia told Romero that he wanted to leave the party. Upon leaving the party, Galindo-Garcia drove Romero, her daughter, and a man …
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