People v. Martinez CA4/2

BACKGROUND

At the evidentiary hearing of August 18, 2023, Carlos proffered, as new evidence,

the testimony of his codefendant Noel, whose testimony the trial court found to be

incredible. In addition, the People proffered the clerk’s and reporter’s transcripts from

A codefendant, Noel Hernandez (Noel), was the actual shooter. Because defendant had the same surname as the victim, Fabian Martinez (Fabian), who was unrelated, we refer to defendant by his first name, Carlos.

All statutory references are to the Penal Code unless otherwise indicated.

2 the original trial, along with the opinion from the direct appeal in People v. Hernandez

et al. (Oct. 13, 2020, E070630) [nonpub. opn.] (Hernandez et al.), requesting that the

superior court take judicial notice of these matters in addition to the court’s files.

We recite the facts of the offense using the record from the direct appeal, in

Hernandez et al., supra, E070630, as supplemented by the testimony adduced at the

evidentiary hearing.

Noel and Carlos were longtime friends. Liliana Alverdin (Lily) is the older sister

of Noel. Lily and Noel were very close and even shared a room in their parents’…