People v. Martinez-Costa CA3

BACKGROUND

I Factual Background One evening in November 2011, a witness—referred to hereafter as Witness 1— went to Hiter’s apartment to help him package methamphetamine for sale to various buyers. After Hiter told Witness 1 that he was going to deliver methamphetamine to his “ex,” the two drove to Martinez-Costa’s house, where Hiter parked his car on the road in front of the house. As Hiter walked to the trunk of his car, a masked man with a handgun ran toward him from the yard of Martinez-Costa’s house. Witness 1 heard the masked man say, “[M]otherfucker, give me everything you got,” followed by the sound of a gunshot. The masked man then moved to the porch area of Martinez-Costa’s home, and Martinez-Costa asked Witness 1 to help her move Hiter’s body. Witness 1 refused and drove away in Hiter’s car. The masked man was later identified as Doria. On the day of the shooting, Doria told his girlfriend that he intended to rob someone. During a phone call that day, his girlfriend recognized Martinez-Costa’s voice on the other end as Doria discussed the movements of another man. Another witness—referred to hereafter as Witness 2— had met Doria a few times at Martinez-Costa’s house,…