People v. Martinez CA2/5

California Court of Appeal Nov 14, 2013 No. B240371Unpublished

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Holding. The court affirmed the defendant's convictions for assault on a peace officer and assault with a semiautomatic firearm, finding sufficient evidence supported the verdicts and that the trial court did not err in its evidentiary or instructional rulings.

Issues

Whether there was sufficient evidence that the defendant knew or should have known the victims were peace officers.
Whether there was sufficient evidence that the defendant intended to commit assault on an unidentified victim.
Whether the trial court erred by failing to instruct the jury on the lawfulness of the officers' conduct.
Whether the trial court abused its discretion by excluding the defendant's hearsay statements as spontaneous declarations.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The jury could have reasonably inferred that defendant heard the officer identify himself, saw the officers in standard, full uniform and fired nonetheless.”

“The evidence that defendant fired two rounds at the unidentified man at close range and repositioned himself in between firing to get a better shot supports the jury’s finding that defendant had knowledge of the facts sufficient to establish his acts would probably and directly result in injury.”

“The facts support the trial court’s determination that the statement was not spontaneous because defendant had ample time for reflection and a motive to deceive.”

Filed 11/14/13 P. v. Martinez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B240371

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA075442) v.

BRAYON MARTIN MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Stuart M. Rice, Judge. Affirmed. Fay Arfa, a Law Corporation, and Fay Arfa for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, James William Bilderback II, Supervising Deputy Attorney General, and Marc A. Kohm, Deputy Attorney General, for Plaintiff and Respondent.

_____________________________

Defendant and appellant Brayon Martin Martinez appeals from the judgment entered after two trials. Prior to the first trial, defendant pled guilty on count 5 to possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)).1 The jury convicted defendant in count 4 of evading an officer (Veh. Code, § 2800.2, subd. (a)). The trial court declared a mistrial after the jury deadlocked on counts 1-3 and 6-7. After the information was amended, defendant was convicted in the second trial on counts 6 and 7 of assault on a peace officer with a semiautomatic firearm (§ 245, subd. (d)(2)) and on count 8 of assault with a semiautomatic firearm on an unidentified victim (§ 245, subd. (b)). The jury found true the allegations defendant used a firearm within the meaning of section 12022.53, subdivisions (b) and (c), as to counts 6 and 7, and he used a firearm within the meaning of section 12022.5, subdivisions (a) and (d), as to all three counts. The trial court sentenced defendant to 33 years 8 months in state prison. Defendant contends insufficient evidence, instructional error, improper exclusion of evidence, and cumulative error require reversal of the judgment. We affirm.

People v. Martinez CA2/5

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B240371

BRAYON MARTIN MARTINEZ,

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FACTS

DISCUSSION

DISPOSITION

KRIEGLER, J.

TURNER, P. J.

MOSK, J.

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