People v. Martinez CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The specifics concerning the murder and related burglary are not at issue in this case. It is sufficient to note that officers conducting a welfare check found the deceased victim M.S. laying on the floor of her home with her head wrapped in duct tape, hands and feet bound, and her pants down. An autopsy revealed the victim died from “multiple sharp force injuries” and had suffered over 25 stab wounds, 34 contusions, a severed ear, bite marks, and blunt force trauma to her buttocks so forceful that it liquified fat. Defendant’s theft of the victim’s truck as well as DNA evidence tied him to the crimes. The People’s August 2021 information charged defendant with the first-degree murder of M.S. (Pen. Code § 187, subd. (a); count 1; subsequent undesignated statutory references are to the Penal Code) and first-degree burglary (§ 459; count 2). The information further alleged special circumstances of torture murder (§ 190.2, subd. (a)(18)) and burglary murder (§ 190.2, subd. (a)(17)(G)). Finally, the information alleged as to both counts that defendant had suffered five prior strikes (§§ 667, subd. (d), 1170.12, subd. (b)) and five prior serious…