People v. Martinez-Valenzuela CA4/1

Filed 8/22/24 P. v. Martinez-Valenzuela CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083780

Plaintiff and Respondent,

v. (Super. Ct. No. RIF2205539)

LUIS ENRIQUE MARTINEZ- VALENZUELA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Bernard Schwartz, Judge. Affirmed. John Derrick, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Robin Urbanski and Brendon Marshall, Deputy Attorneys General, for Plaintiff and Respondent. Luis Enrique Martinez-Valenzuela was convicted of attempted murder of John Doe and assault with a firearm of Jane Doe. Martinez-Valenzuela argues the court erred in denying his request to instruct the jury on imperfect

self-defense, which would support a conviction of the lesser included offense of attempted voluntary manslaughter. We conclude there was insufficient evidence to warrant the instruction. Martinez-Valenzuela also contends the court erred in declining to acquit him of the assault with a firearm charge under Penal Code section 1118.1. We conclude sufficient evidence supported an inference of guilt to present that charge to the jury. We thus affirm the judgment. I. In October 2021, M.S. was the designated driver for a night out with her husband U.V., his cousin John Doe, and another cousin. They arrived in a bar parking lot at around 10:30 p.m., entered the bar about 15 minutes later, and danced and drank without incident. The group returned to their car shortly after midnight. M.S. entered the car, wanting to go home, but the three intoxicated men stood outside talking. M.S. tried to “rally them” to leave, but they would not listen. At around 12:25 a.m., Martinez-Valenzuela drove his truck past the group’s car, turned around, drove back past them slowly, stopped, then reversed toward the group before stopping again. As he drove past the second time, John Doe told M.S. to follow the truck because Martinez- Valenzuela said something to John Doe, who M.S. testified appeared upset. M.S. refused and put her car in reverse for the men in her group to get in, but they still would not listen. She saw John Doe walk toward Martinez- Valenzuela’s truck after it reversed and stopped, and feared John Doe and Martinez-Valenzuela would get into a verbal fight. John Doe testified that Martinez-Valenzuela “assaulted [him] verbally,” and although he did not remember what Martinez-Valenzuela said, the words were “offending” him. He testified he was not angry, but he felt disrespected