People v. Martinez CA2/4

INTRODUCTION

A jury convicted defendant and appellant Felipe Fernando Martinez of murdering a rival gang member and being a felon in possession of a firearm. Martinez pled no contest to charges arising from a separate incident in which he led police on a high- speed car chase. The trial court sentenced Martinez to 30 years to life plus 15 years and 4 months in state prison. On appeal, Martinez argues the trial court prejudicially abused its discretion by admitting testimony regarding his gang affiliation. He also raises various challenges to the sentence the trial court imposed. We affirm.

PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an amended information charging Martinez with murder (Pen. Code,1 § 187; count one); two counts of possession of a firearm by a felon (§ 29800, subd. (a)(1); counts two and four); recklessly fleeing a peace officer (Veh. Code, § 2800.2; count three); driving with a blood alcohol concentration of 0.15 percent or more (Veh. Code §§ 23152, subd. (b), 23578; count five), and driving under the influence of alcohol (Veh. Code, § 23152, subd. (a); count six). On count one, the amended information alleged Martinez personally and…