People v. Martinez CA2/5

Filed 2/25/21 P. v. Martinez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B298512

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. BA466051)

v.

HECTOR MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David V. Herriford, Judge. Affirmed. Gail Harper, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________

In March of 2018, Marcus Brown and Luis Cabrera purchased beer at a liquor store owned by defendant and appellant Hector Martinez. In the course of the transaction Brown and Cabrera offended Martinez, and a fight broke out between the two men and Martinez and his two sons, who were also in the store that day. Martinez stabbed Brown, who died from the wound several hours later. The jury found Martinez guilty of second degree murder (Pen. Code, § 187 [count 1]),1 and found true the allegation that he used a deadly and dangerous weapon, a knife, in commission of the murder (§ 12022, subd. (b)(1)). He was sentenced to 15 years to life, plus 1 year for the weapon enhancement. Martinez timely appealed. We appointed counsel. After reviewing the record, counsel filed an opening brief asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 (Wende). On November 2, 2020, we advised Martinez that he had 30 days to submit any contentions or issues he wished us to consider. On December 4, 2020, Martinez filed a supplemental brief contending that the key witness for the prosecution lied and that defense counsel “failed to get evidence and or video ‘proof’ that was readily available” to disprove the witness’s statements.2 He did not otherwise identify the evidence he