People v. Martinez

Opinion

KLEIN, P. J.

Defendant and appellant, Anthony Joseph Martinez, appeals from the judgment entered following his conviction, by jury trial, for special circumstance first degree murder (by means of discharging a firearm from a motor vehicle), five counts of attempted premeditated murder, and assault on a peace officer, with enhancements for principal armed, firearm use, inflicting death by discharging a firearm from a vehicle, and prior prison terms (Pen. Code, §§ 187/190, subd. (a)(21), 664/187, 245, subd. (c), 12022,

[267]

12022.5, 12022.55, 667.5).

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Defendant and appellant, Jose Luis Salazar, appeals from the judgment entered following his conviction, by jury trial, for second degree murder and five counts of attempted premeditated murder, with a principal armed enhancement (§§ 187, 664/187, 12022). Martinez was sentenced to a prison term of life without the possibility of parole, plus 20 years to life. Salazar was sentenced to a prison term of 17 years to life plus life.

Defendants contend: the special circumstance for discharging a firearm from a vehicle is unconstitutional; there was insufficient evidence to support the attempted premeditated murder convictions; the jury instructions defining attempted murder were defective; the trial court erred by excluding relevant defense evidence; application of the enhancement for discharging a firearm from a vehicle (§ 12022.55) was prohibited by section 654; the trial court erred by imposing direct victim restitution; the abstract of judgment must be corrected.

The People contend the trial court erred by failing to impose a parole revocation fine, and by failing to impose state and county penalty assessments in connection with the imposition of direct victim restitution. The People also contend the abstracts of judgment must be corrected.

The judgment as to defendant Martinez is affirmed. The judgment as to defendant Salazar is affirmed as modified.

Background

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