People v. Martinez CA6

I. BACKGROUND

The facts recited below are derived from the trial record. A. The NF Organization According to testimony of a police department expert, the NF organization has its origins in California state prisons in the 1950s. Since then, the NF has expanded beyond state prisons and now has over 10,000 members in California involved in criminal activities, including murder, assault, drug distribution, and kidnapping. The NF organization has multiple layers. At the top are NF members, who are committed to the organization for life. Below the NF members are Nuestra Raza members, who are committed while they are in jail but free to leave once released. Below the Nuestra Raza members are Norteño gang members, often called “Northerners,” and, finally, associates. Street-level gang members and associates are organized into regiments, which are led by a regiment commander who reports to an NF member in prison. The NF organization also has a federal side, but the state side is supposed to control operations outside the prisons. During the events in question in this case, defendant Martinez was a Nuestra Raza member. In January 2012, he became second in command of the NF’s Santa Clara…