People v. Martinez CA4/1

Filed 6/27/25 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D083984

Plaintiff and Respondent,

v. (Super. Ct. No. SCD299378)

MARK MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Kimberlee A. Lagotta, Judge. Affirmed. Michelle T. LiVecchi-Raufi, 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, Collette C. Cavalier and Emily Reeves, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Mark Martinez of being an accessory after the fact in violation of Penal Code section 32 and the trial court sentenced Martinez to

three years in state prison.1 The conviction arose after Martinez helped an associate, who shot a police officer, escape apprehension. On appeal, Martinez argues reversal is required because there was no evidence he knew the associate had committed a felony. We reject this argument and affirm the conviction. FACTUAL AND PROCEDURAL BACKGROUND On June 8, 2023 around 11:00 a.m., San Diego Police Officer James Romero was on duty in a high-crime area when he noticed a white pickup truck that looked suspicious. Romero began following the truck in his patrol car and looked up the license plate in law enforcement databases. Romero discovered the truck was stolen and relayed this information to police dispatch, which sent additional police units towards Romero. Romero continued to follow the stolen truck, but did not initiate a traffic stop right away to allow time for additional police to get closer. Romero eventually turned on his patrol car’s lights to initiate a stop. He saw the driver “fidgeting in the car,” and thought the driver might be having car trouble. The driver then abruptly jumped out of the car and began running while the abandoned truck rolled into another car. Romero stopped his car, jumped out, and began pursuing the driver on foot. As Romero pursued the driver into a walkway between buildings, the driver fired a gunshot at Romero, hitting him in the right arm. Romero testified the shot was fired from an alley. Romero took cover under a nearby stairwell and then heard a second gunshot. He applied a tourniquet to his arm and began to retreat back to his patrol car. Around the same time, a witness, Jamie M., was walking from her home to her car, which was parked in the alley, to leave for work. Jamie