People v. Martinez CA2/4

Filed 6/23/15 P. v. Martinez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B258636

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA408603) v.

EMILIO MARTINEZ

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Anne H. Egerton, Judge. Affirmed. Verna Wefald, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerard A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle and Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Emilio Martinez appeals from a judgment and sentence, following his conviction for second degree murder. He contends the trial court abused its discretion when it admitted two photographs showing the victim’s wounds. Finding no reversible error, we affirm. PROCEDURAL HISTORY A jury convicted appellant of second degree murder (Pen. Code, §187, subd. (a)), and found true the allegation that he personally used a deadly weapon (Pen. Code, § 12022, subd. (b)(1)). Appellant was sentenced to 16 years to life in state prison, calculated as an indeterminate term of 15 years to life, plus one year for the weapon enhancement. FACTUAL BACKGROUND A. Prosecution Case Between 2012 and 2013, appellant lived in the garage of a house in the City of Montebello. Reynaldo Vellan and Carmen King lived in the main part of the house. Appellant told his son, Eric Martinez (Eric), that appellant and Ms. King were likely to inherit $800,000 from Vellan, who had suffered a stroke. Appellant also told Eric that King had a gambling habit. On February 17, 2013, King’s daughter, Margarita Delgado, received several telephone calls from her mother. During one of the calls, Delgado heard appellant’s voice in the background, saying to King, “I told you that I was a badass,” and heard King “crying” and “whimpering.” She also heard her mother tell appellant, “I told you I care about you. I care about you.” On February 19, 2013, appellant’s son, Adam Martinez (Adam), received a text message from his father that read: “Here’s my PIN number to my bank account, the briefcase, and the keys to the Jeep are in the Jeep.” That same day,