People v. Martinez CA4/1

BACKGROUND

Martinez and his girlfriend, Jessica Shelton, were visiting friends at the friends’ house one night and got into an argument. Martinez took Shelton’s phone, said he was leaving her, and departed. Javier Torres arrived later. When Shelton borrowed someone else’s phone to call Martinez and told him Torres was there, Martinez said “he wasn’t coming back for [her] for sure.” About two hours later, Martinez returned to the friends’ house, kicked in the front door, and entered the house. He pointed a gun at Torres, fired three times, and fled. Torres died from the gunshot wounds. One of Martinez’s friends who lived at the house found three bullet casings but no firearm on the floor of the room where Torres was shot, and threw the casings away. Police searched Martinez’s residence and vehicle but found no firearm. The People charged Martinez with murder (Pen Code, § 187, subd. (a); subsequent section references are to this code) and possession of a firearm by a felon (§ 29800, subd. (a)(1)). They alleged that in committing the murder he personally and intentionally discharged a firearm causing death. (§ 12022.53, subd. (d).) The People also alleged Martinez had a prior…