People v. Martinez CA4/1

Filed 2/7/25 P. v. Martinez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D083305

Plaintiff and Respondent,

v. (Super. Ct. No. INF2101580)

DANIEL RAY MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Jason L. Stone, Judge. Affirmed. Jason L. Jones, 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, Warren J. Williams and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent.

Daniel Ray Martinez appeals the judgment sentencing him to prison after a jury found him guilty of murder with a firearm enhancement and

possession of a firearm by a felon. He contends the trial court erroneously refused to stay execution of the prison term imposed on the firearm possession conviction. We affirm. BACKGROUND Martinez and his girlfriend, Jessica Shelton, were visiting friends at the friends’ house one night and got into an argument. Martinez took Shelton’s phone, said he was leaving her, and departed. Javier Torres arrived later. When Shelton borrowed someone else’s phone to call Martinez and told him Torres was there, Martinez said “he wasn’t coming back for [her] for sure.” About two hours later, Martinez returned to the friends’ house, kicked in the front door, and entered the house. He pointed a gun at Torres, fired three times, and fled. Torres died from the gunshot wounds. One of Martinez’s friends who lived at the house found three bullet casings but no firearm on the floor of the room where Torres was shot, and threw the casings away. Police searched Martinez’s residence and vehicle but found no firearm. The People charged Martinez with murder (Pen Code, § 187, subd. (a); subsequent section references are to this code) and possession of a firearm by a felon (§ 29800, subd. (a)(1)). They alleged that in committing the murder he personally and intentionally discharged a firearm causing death. (§ 12022.53, subd. (d).) The People also alleged Martinez had a prior conviction that constituted a strike under the “Three Strikes” law. (§§ 667, subds. (b)–(i), 1170.12.) A jury found Martinez guilty of first degree murder and possession of a firearm by a felon, and found true the firearm enhancement allegation attached to the murder charge. Martinez chose to have a court trial on the prior conviction allegation, and the court found the allegation true.