People v. Martinez CA4/1

INTRODUCTION

Luis Javier Martinez appeals from a judgment entered after a jury convicted him of second degree murder, attempted murder, assault with a semiautomatic firearm, and unlawful possession of a firearm in connection with two separate 2018 shootings. The jury also found true a number of sentence enhancement allegations. The trial court sentenced Martinez to prison for a term of eight years, plus a term of 15 years to life. On appeal, Martinez makes six claims of error. He first sets out four claims of evidentiary error, and then separately argues that even if these evidentiary errors are individually harmless, their cumulative effect is prejudicial and requires reversal. Sixth, Martinez contends the trial court erred in failing to conduct an ability-to-pay hearing before imposing certain fines and fees. The People have also appealed, arguing that the court committed three sentencing errors that require us to vacate the sentence and remand for resentencing. We conclude the trial court erred in excluding one of Martinez’s out-of- court denials of involvement in the murder despite it being offered as impeachment, but the error was harmless. We further conclude that even…